sec.218False or misleading documents

### sec.218 False or misleading documents A person must not give the commission a document containing information the person knows is false or misleading in a material particular. Maximum penalty—85 penalty units or 1 year’s imprisonment. Subsection (1) does not apply to a person if the person, when giving the document— tells the commission, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information. It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which. A court may order that a person who contravenes subsection (1) must pay an amount of compensation to the commission, whether or not the court also imposes a penalty for the contravention. The amount of the compensation must be a reasonable amount for the cost of any investigation made or other action taken by the commission because of the false document. Without limiting the ways a person may give a document to the commission, a person gives a document to the commission if the person gives the document to an entity that is under an obligation to give the document to the commission, whether or not the person intended that the document be given to the commission. In this section— give , a document to the commission, includes cause the document to be given to the commission. (sec.218-ssec.1) A person must not give the commission a document containing information the person knows is false or misleading in a material particular. Maximum penalty—85 penalty units or 1 year’s imprisonment. (sec.218-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the commission, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information. (sec.218-ssec.3) It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which. (sec.218-ssec.4) A court may order that a person who contravenes subsection (1) must pay an amount of compensation to the commission, whether or not the court also imposes a penalty for the contravention. (sec.218-ssec.5) The amount of the compensation must be a reasonable amount for the cost of any investigation made or other action taken by the commission because of the false document. (sec.218-ssec.6) Without limiting the ways a person may give a document to the commission, a person gives a document to the commission if the person gives the document to an entity that is under an obligation to give the document to the commission, whether or not the person intended that the document be given to the commission. (sec.218-ssec.7) In this section— give , a document to the commission, includes cause the document to be given to the commission. - (a) tells the commission, to the best of the person’s ability, how it is false or misleading; and - (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.