Competition and Consumer Act 2010
92Providing false or misleading information
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92 Providing false or misleading information
(1) A person must not give information to the Commission or Tribunal under this Division or Part IX in connection with any of the following if the person is negligent as to whether the information is false or misleading in a material particular:
(a) an application for a merger authorisation;
(b) an application for a minor variation of a merger authorisation;
(c) an application for, or the Commission’s proposal for, the revocation of a merger authorisation;
(d) an application for, or the Commission’s proposal for, the revocation of a merger authorisation and the substitution of another merger authorisation;
(e) a review of a determination in relation to an application or proposal referred to in paragraph (a), (b), (c) or (d).
Note: Under section 76, the Court may order a person who contravenes this section to pay a pecuniary penalty. See also sections 80AC, 81A and 86C for other related remedies.
(2) For the purposes of subsection (1), proof that the person knew, or was reckless as to whether, the information was false or misleading in a material particular is taken to be proof that the person was negligent as to whether the information was false or misleading in a material particular.