Criminal Code
338Giving false or misleading information
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338 Giving false or misleading information (a) the person gives information to someone else; and (b) the information is false or misleading; and (c) the person knows that the information— (ii) omits anything without which the information is false or (d) any of the following applies: (i) the person to whom the information is given is the Territory;
False or misleading statements, information and documents Part 3.4 (ii) the person to whom the information is given is a person who is exercising a function under a territory law; (iii) the information is given in compliance or purported (2) Absolute liability applies to subsection (1) (d) (i), (ii) and (iii). (3) Subsection (1) (b) and (c) (i) does not apply if the information is not false or misleading in a material particular. (4) Subsection (1) (b) and (c) (ii) does not apply if the omission does not make the information false or misleading in a material particular. (5) Subsection (1) (d) (i) does not apply if, before the information was given by the person to the Territory, the Territory did not take reasonable steps to tell the person about the existence of the offence against subsection (1). (6) Subsection (1) (d) (ii) does not apply if, before the information was given by a person (A) to the person mentioned in that subparagraph (B), B did not take reasonable steps to tell A about the existence of the offence against subsection (1). (7) For subsections (5) and (6), it is sufficient if the following form of words is used: ‘Giving false or misleading information is a serious offence’. (8) In this section: