False or misleading information and documents
47 False or misleading information and documents
A person who provides information, orally or in writing, or a document to the Commissioner or an authorised investigator that is false or misleading in a material particular commits an offence.
Penalty: $20 000.
In proceedings for an offence against this section it is a defence for the person charged to prove —
that the person —
did not know that the information or document was false or misleading in a material particular; and
was not reckless as to whether the information or document was false or misleading in a material particular;
or
that, when providing a document, the person advised the Commissioner or authorised investigator that the document was false or misleading in a material particular.
In this section —
document means anything or any process —
on or by which information is recorded or stored; or
by means of which a meaning can be conveyed in a visible or recoverable form,
whether or not the use or assistance of an electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information.
[Section 47 amended: No. 52 of 2004 s. 13.]
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