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reg 15

Misleading information

In force
Part 1Preliminary matters
Division 3Regulatory matters

15 Misleading information

(1)

A person commits an offence if:

(a)

the person intentionally gives information to another person; and

(b)

the other person is an officer; and

(c)

the person knows the information is misleading; and

(d)

the person knows the officer is acting in an official capacity.

Maximum penalty: 20 penalty units.

(2)

A person commits an offence if:

(a)

the person intentionally gives a document to another person; and

(b)

the other person is an officer; and

(c) the person knows the document contains misleading information; and

(d)

the person knows the officer is acting in an official capacity.

Maximum penalty: 20 penalty units.

(3)

Strict liability applies to clauses (1)(b) and (2)(b).

(4) Clause (2) does not apply if the person, when giving the document:

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

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

(5)

In this by-law:

acting in an official capacity, in relation to an officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, these By-laws.

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

Part 1A Infringement notice offences

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