528Functions and powers of authorised System Governor officers

528  Functions and powers of authorised System Governor officers

 (1) An authorised System Governor officer has the functions and powers conferred on an authorised System Governor officer by this Act.

 (2) Subsection (1) has effect subject to any restrictions specified in the authorised System Governor officer’s instrument of appointment.

 (3) In performing functions or exercising powers under this Act, an authorised System Governor officer must comply with any written directions of the System Governor.

 (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.

Part 15—Miscellaneous

Division 1—Civil penalty provisions for false or misleading information or documents

529  Civil penalty provision for false or misleading information

 (1) An entity is liable to a civil penalty if:

 (a) the entity gives information in compliance or purported compliance with this Act; and

 (b) the entity does so knowing that the information:

 (i) is false or misleading in a material particular; or

 (ii) omits any matter or thing without which the information is misleading in a material particular.

Civil penalty: 100 penalty units.

 (2) Subsection (1) does not apply if, before the information was given by an entity to another person (the official) in compliance or purported compliance with this Act, the official did not take reasonable steps to inform the entity that the entity may be liable to a civil penalty for contravening subsection (1).

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 96 of the Regulatory Powers Act.

 (3) For the purposes of subsection (2), it is sufficient if the following form of words is used:

  “You may be liable to a civil penalty for giving false or misleading information”.