Biological Control Act 1986
45False or misleading evidence
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45 False or misleading evidence
[Section 45 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]**[Section 45 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]
(1) A person shall not, at a hearing before a Commission, give evidence that is to the knowledge of the person false or misleading in a material particular.
(2) An offence against subsection (1) is an indictable offence and, subject to this section, is punishable, upon conviction, by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.
(3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(4) Where, in accordance with subsection (3) , a court of summary jurisdiction convicts a person of an offence against subsection (1) , the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.