93ZACancellation—false or misleading statements etc.

93ZA Cancellation—false or misleading statements etc.

[False or misleading statements—Part 4 request not involved] (1) If a certificate holder, in connection with the operation of this Chapter (other than Part 4): (a) makes a statement, either orally or in writing, to the DAA or to an officer of the Department that is false or misleading in a material particular; or (b) omits from a statement made, either orally or in writing, to the DAA or to an officer of the Department any matter or thing without which the statement is misleading in a material particular; or (c) gives or produces a document or copy to the DAA or to an officer of the Department that contains information that is false or misleading in a material particular; the DAA may, by written notice given to the holder, cancel the certificate. [False or misleading information given under Part 4] (2) If a certificate holder, in compliance with a notice under Part 4, gives information that is false or misleading in a material particular, the DAA may, by written notice given to the holder, cancel the certificate. [False or misleading documents given under Part 4] (3) If a certificate holder, in compliance with a notice under Part 4, produces a document, or gives a copy of a document, that, to the knowledge of the holder, is false or misleading in a material particular, the DAA may, by written notice given to the holder, cancel the certificate. [Subsection (3) does not apply if document accompanied by explanation] (4) Subsection (3) does not apply to a certificate holder who produces a document, or gives a copy of a document, that, to the knowledge of the holder, is false or misleading in a material particular if the document or copy is accompanied by a written statement: (a) stating that the document or copy is, to the knowledge of the holder, false or misleading in a material particular; and (b) setting out, or referring to, the material particular in which the document or copy is, to the knowledge of the holder, false or misleading. [Imputed knowledge of bodies corporate and partnerships etc.] (5) For the purposes of subsections (3) and (4): (a) an incorporated body is taken to know anything known by any of its directors or employees; and (b) a corporate limited partnership is taken to know anything known by: (i) if any of the partners is a natural person—that partner; and (ii) if any of the partners is an incorporated body—any of the directors or employees of that partner; and (c) a natural person is taken to know anything known by an employee of the natural person.