39Misrepresentations in notifications and notices

#### 39 Misrepresentations in notifications and notices (1) A person who gives a notification, notice or counter‑notice for the purposes of a condition in subsection 116AH(1) of the Act, must not knowingly make a material misrepresentation in that notification, notice or counter‑notice. (2) For the purposes of subsection (1), a person knowingly makes a material misrepresentation in a notification, notice or counter‑notice if the person does not take reasonable steps to ensure the accuracy of the information and statements included in the notification, notice or counter‑notice. This does not limit the circumstances in which a person knowingly makes a material misrepresentation for the purposes of that subsection. (3) A person who suffers loss or damage because of a material misrepresentation made knowingly in a notification, notice or counter‑notice may bring an action against the person who gave the notification, notice or counter‑notice. (4) If the court in which the action is brought is satisfied that the person bringing the action suffered loss or damage because of the material misrepresentation, the court may grant the person whatever civil remedies for the loss or damage the court thinks fit.