Offence to give misleading information
103 Offence to give misleading information
A person commits an offence if:
the person intentionally gives information to another person; and
the other person is a TC officer; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the TC 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:
the person intentionally gives a document to another person; and
the other person is a TC officer; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the TC 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.
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 TC officer's attention; and
(b) to the extent to which the person can reasonably do so – gives the TC officer 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 a TC officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
TC officer means the Territory Coordinator or a person employed or engaged to carry out functions of the Coordinator under this Act.
This Act’s bill:Explanatory statementSecond reading speech
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