169False or misleading statements

169 False or misleading statements (1) In this section: relevant matter means any of the following: (a) an application for a licence or registration; (b) the making of an objection to the issue of a licence or the granting of registration; (c) an application for the amendment or omission of a condition on a licence or registration; (d) an application for renewal of a licence or registration; (e) a response to a requirement made by the commissioner for fair trading about information or documents in relation to an application for a licence, registration or renewal of a licence or registration; (f) a notification of a change in a licensed agent’s main place of business under section 68; (g) an application for an exemption under section 71 (Class 1 licensed property agent to be in charge of business— exemptions); (h) information or a document required or permitted to be given under part 7 (Trust accounts—licensed property agents); (i) a claim for compensation under section 151; (j) information or a document given to the commissioner for fair trading in relation to a claim for compensation, whether or not the information or document is given in response to a requirement under section 152 (Requirement to give information and produce documents). (2) A person commits an offence if— (a) the person makes a statement (whether orally, in a document or in any other way); and (b) the person does so knowing that the statement— (ii) omits something without which the statement is misleading; and (c) the statement is made in, or in relation to, a relevant matter. (3) Subsection (2) does not apply to a person who produces a document if the document is accompanied by a signed statement–– (a) stating that the document is, to the signing person’s knowledge, false or misleading in a material particular; and (b) setting out, or referring to, the material particular in which the document is, to the signing person’s knowledge, false or misleading. (4) The statement under subsection (3) must be signed by–– (a) the person; or (b) if the person who produces the document is a corporation––by an executive officer of the corporation. (5) A person commits an offence if— (a) the person makes a statement (whether orally, in a document or in any other way); and (b) the person is reckless about whether the statement— (ii) omits something without which the statement is misleading; and (c) the statement is made in, or in relation to, a relevant matter. (6) Subsections (2) (b) (i) and (5) (b) (i) do not apply if the statement is not false or misleading in a material particular. (7) Subsections (2) (b) (ii) and (5) (b) (ii) do not apply if the omission does not make the statement misleading in a material particular.