47False or misleading information

47 False or misleading information

(1)  A person must not give information in complying or purportedly complying with this Act that the person knows –

(a) to be false or misleading in a material particular; or

(b) omits any matter or thing without which the information is misleading.

Penalty:  Fine not exceeding 120 penalty units.

(2)  It is a defence to proceedings for an offence under subsection (1) if, at the time of giving the information in complying or purportedly complying with this Act, the person –

(a) indicated the respect in which it was false or misleading and, if practicable, provided correct information; or

(b) accompanied the information with a written statement signed by the person –

(i) stating that the information was, to the knowledge of the person, false or misleading in a material particular or omission; and

(ii) setting out, or referring to –

(A) the material particular in which the information was, to the knowledge of the person, false or misleading; and

(B) the matter or thing that had, to the knowledge of the person, been omitted from the information.