Misleading information
336 Misleading information
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.
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.
In this section:
local government officer means:
(a) a member of an audit committee, a council, a council committee or a local authority; or
a staff member of a council or a local government subsidiary; or
a CEO or a chief executive; or
an inspector; or
an official manager or investigator; or
an authorised person; or
a governance advisor; or
a governance controller; or
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.
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