230False or misleading information

230 False or misleading information

(1)  A person must not furnish information that is false or misleading in a material particular –

(a) in, or in connection with, any application or document furnished, made, given or provided under this Act; or

(b) in purported compliance with this Act.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units or a term of imprisonment not exceeding 24 months, or both.

(2)  A person must not omit information that relates to a material particular –

(a) in or in connection with any application or document furnished, made, given or provided under this Act; or

(b) in purported compliance with this Act.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units or a term of imprisonment not exceeding 24 months, or both.

(3)  It is a defence in proceedings for an offence under this section if the defendant establishes that, in respect of the alleged contravention, the defendant –

(a) informed the person to whom the information was furnished that the information was false or misleading, or was incomplete; and

(b) indicated the respects in which the information was false or misleading or incomplete; and

(c) furnished, with the false, misleading or incomplete information, any correct information, record, material or thing that –

(i) related to the false, misleading or incomplete information so furnished; and

(ii) was in possession or control of the defendant; and

(d) furnished, with the false, misleading or incomplete information, any information that the defendant had in respect of who had access to that information.