Bushfires Management Act 2016
102Misleading information
Start here
Get a plain-English read of 102
Turn the raw legal text into a practical explanation grounded in Bushfires Management Act 2016.
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.