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s 87

Misleading information

In force
Part 4Enforcement powers

87 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 authorised officer; and

(c)

the person knows the information is misleading; and

(d) the authorised 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.

(2)

A person commits an offence if:

(a)

the person intentionally gives a document to another person; and

(b)

the other person is an authorised officer; and

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

(d) the authorised 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)

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

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

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

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

(5)

In this section:

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

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