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Bushfires Management Act 2016
102Misleading information
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102 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the other person is a fire control officer or fire warden; and
(c) the information is misleading and the person has knowledge of
that circumstance; and
(d) the fire control officer or fire warden is acting in an official
capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the other person is a fire control officer or fire warden; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the fire control officer or fire warden is acting in an official
capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the fire
control officer or fire warden's attention; and
(b) to the extent to which the person can reasonably do so – gives
the fire control officer or fire warden the information necessary
to remedy the misleading aspect of the document.
(5) In this section:
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.