Misleading information or document
74 Misleading information or document
A person must not give misleading information to:
an authorised officer acting in an official capacity; or
(b) a CDS participant for the participant's carrying out of activities under the CDS.
Fault elements:
The person:
(a) intentionally gives the information to the officer or participant; and
knows the information is misleading; and
knows:
the officer is acting in an official capacity; or
(ii) the information is for the participant's carrying out of activities under the CDS.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person must not give a document containing misleading information to:
an authorised officer acting in an official capacity; or
(b) a CDS participant for the participant's carrying out of activities under the CDS.
Fault elements:
The person:
(a) intentionally gives the document to the officer or participant; and
knows the document contains misleading information; and
knows:
the officer is acting in an official capacity; or
(ii) the document is for the participant's carrying out of activities under the CDS.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the attention of the authorised officer or CDS participant; and
(b) to the extent to which the person can reasonably do so – gives the officer or participant the information necessary to correct the document.
In this section:
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
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