False or misleading document
404D False or misleading document
A person must not give the chief executive or an authorised officer (the recipient) a document containing information the person knows is false or misleading in a material particular.
Maximum penalty—200 penalty units.
Notes—
1 This provision is an executive liability provision—see section 412A.
2 If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 412B, to have also committed the offence.
Subsection (1) does not apply to a person if the person, when giving the document—
tells the recipient, to the best of the person’s ability, how it is false or misleading; and
if the person has, or can reasonably obtain, the correct information—gives the correct information.
In a proceeding for an offence against subsection (1), it is enough to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.
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