Misleading information
65 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the information is misleading and the person has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the document contains misleading information and the person has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant, when giving the information or document:
(a) draws the misleading aspect of the information or document to the other person's attention; and
(b) to the extent to which the defendant can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the information or 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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