Misleading statements and documents
42 Misleading statements and documents
A person must not make a statement to a person who is carrying out functions for, or related to, the administration of this Act (an
official) that is misleading in a material particular.
Fault element: Awareness that the statement is or may be misleading or reckless indifference to whether the statement is or may be misleading.
Maximum penalty: Imprisonment for 2 years.
A person must not give an official a document that is misleading in a material particular.
Fault element: Awareness that the document is or may be misleading or reckless indifference to whether the document is or may be misleading.
Maximum penalty: Imprisonment for 2 years.
This section extends to a statement or document that is misleading because of the omission of relevant information as well as to one that is misleading because it consists of, or includes, misinformation.
However, no offence is committed against subsection (2) if the person, when giving the document to the official:
draws the misleading aspect of the document to the official's attention; and
to the extent the person can reasonably do so, gives the official the information necessary to correct the document.
This Act’s bill:Second reading speech
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