146False or misleading information or document

#### 146 False or misleading information or document Offences (1) A person commits an offence if, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters referred to in section 5A, 5B, 5C or 5D or subsection 123(1), the person: (a) gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produces a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. Penalty: 300 penalty units. (2) A person commits an offence if, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters other than matters referred to in subsection (1), the person: (a) gives information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produces a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. Penalty: 60 penalty units. Civil penalties (3) A person must not, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters referred to in section 5A, 5B, 5C or 5D or subsection 123(1): (a) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. (4) A person must not, for the purposes of, or in connection with, the consideration by the APVMA, in the course of the performance of any of its functions or the exercise of any of its powers under this Code, of any matters other than matters referred to in subsection (3): (a) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular; or (b) produce a document that the person knows to be false or misleading in a material particular without: (i) indicating to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and (ii) providing correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information. (5) Subsections (3) and (4) are civil penalty provisions. > Note: Division 2 provides for pecuniary penalties for contraventions of civil penalty provisions.