Barrister AI
All legislation
NTAct
In force
This is the latest official compilation.Check the official source →
s 336

Misleading information

In force
Chapter 19Miscellaneous
Part 19.4Offences for unauthorised disclosure and misleading information

336 Misleading information

(1)

A person commits an offence if:

(a) the person intentionally gives information to another person (the local government officer); and

(b) the information is misleading and the person has knowledge of that circumstance; and

(c) the local government officer is acting in an official capacity and the person has knowledge of that circumstance.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(2)

A person commits an offence if:

(a) the person intentionally gives a document to the local government officer; and

(b) the document contains misleading information and the person has knowledge of that circumstance; and

(c) the local government officer 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 (2) if the person, when giving the document:

(a) draws the misleading aspect of the document to the local government officer's attention; and

(b) to the extent to which the person can reasonably do so – gives the local government officer the information necessary to remedy the misleading aspect of the document.

(4)

In this section:

local government officer means:

(a) a member of an audit committee, a council, a council committee or a local authority; or

(b)

a staff member of a council or a local government subsidiary; or

(c)

a CEO or a chief executive; or

(d)

an inspector; or

(e)

an official manager or investigator; or

(f)

an authorised person; or

(fa)

a governance advisor; or

(fb)

a governance controller; or

(g)

a financial controller.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

staff member includes:

(a) a person who is not a member of the staff of, but works for, or provides services to, the council or local government subsidiary on a contract basis; or

(b) a person who works for the council or local government subsidiary under an arrangement with a labour hire agency; or

(c) a person (other than a member of the council, a local authority or a council committee) acting under powers of the council conferred by delegation.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.