False or misleading information
177 False or misleading information
A person must not give information to the information commissioner, or a member of the staff of the OIC, that the person knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
Subsection (1) does not apply to information given in a document, if the person when giving the document—
informs the commissioner or member of the staff of the OIC, to the best of the person’s ability, how the information is false or misleading;
and
gives the correct information to the commissioner or member of the staff of the OIC if the person has, or can reasonably obtain, the correct information.
It is enough for a complaint against a person for an offence against subsection (1) to state that the information was ‘false or misleading’, without specifying whether it was false or whether it was misleading.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.