Misleading information
107 Misleading information
A person commits an offence if:
the person intentionally gives information to another person; and
the other person is an authorised person; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the authorised person 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:
the person intentionally gives a document to another person; and
the other person is an authorised person; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the authorised person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
Strict liability applies to subsections (1)(b) and (2)(b).
(4) 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 authorised person; and
(b) to the extent to which the defendant can reasonably do so – gives the authorised person the information necessary to remedy the misleading aspect of the information or document.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
In this section:
acting in an official capacity, in relation to an authorised person, means the authorised person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
authorised person means:
the Minister; or
the Environment Minister; or
the CEO; or
the Environment CEO; or
the Registrar; or
an inspector; or
an auditor.
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