159Misleading information

159 Misleading information (1) An applicant under section 129(1) or 154(1) commits an offence if: (a) the applicant intentionally gives information to another person in or in connection with the application; and (b) the other person is authorised by this Part to require the provision of that information; and (c) the applicant knows the information is misleading; and (d) the applicant knows the other person is acting in an official (2) An applicant under section 129(1) or 154(1) commits an offence if: (a) the applicant intentionally gives a document to another person in or in connection with the application; and (b) the other person is authorised by this Part to require the provision of that document; and (c) the applicant knows the document contains misleading information; and (d) the applicant knows the other person is acting in an official (3) Strict liability applies to subsections (1)(b) and (2)(b). (4) Subsection (2) does not apply if the applicant, when giving the document: (a) draws the misleading aspect of the document to the other person's attention; and

Education Act 2015 96 (b) to the extent to which the applicant can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the document. (5) In this section: acting in an official capacity, in relation to a person authorised by this Part to require the provision of information or a document, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Part.