False or misleading statements
19 False or misleading statements
A person must not give information or make a statement that is false or misleading by reason of the inclusion of any false or misleading matter or the omission of any material matter—
in any application or notice under this Part; or
in the provision of details for inclusion in, or amendment of, the register of funeral providers or the register of pre-paid funeral contracts under this Part.
- 60 penalty units for a natural person or, in any other case, 120 penalty units.
It is a defence to a prosecution for an offence against subsection (1) if a person proves that, when the information was given or the statement made, the person—
believed on reasonable grounds—
that the false matter was true; or
that the misleading matter was not misleading; or
in the case of an omission, that no material matter had been omitted; or
in the case of an omission, did not know that the omitted matter was material.
This Act’s bill:Explanatory memorandumSecond reading speech
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