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Anti-discrimination Act 1992
110AMisleading information
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110A Misleading information
(a) the person intentionally gives information to another person;
and
(b) the information is misleading and the person has knowledge of
that circumstance; and
(c) the other person is acting in an official capacity and the person
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the document contains misleading information and the person
has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person
(3) It is a defence to a prosecution for an offence against
subsection (1) or (2) if the defendant, when giving the information or
document:
(a) draws the misleading aspect of the information or document to
the person's attention; and
Anti-Discrimination Act 1992 65
(b) to the extent to which the defendant can reasonably do so –
gives the person the information necessary to remedy the
misleading aspect of the information or document.
Note for subsection (3)
The defendant has an evidential burden in relation to the matters mentioned (see
section 43BU of the Criminal Code).