74Misleading information or document

74 Misleading information or document (1) A person must not give misleading information to: (a) an authorised officer acting in an official capacity; or (b) a CDS participant for the participant's carrying out of activities under the CDS. (a) intentionally gives the information to the officer or participant; and (b) knows the information is misleading; and Environment Protection (Beverage Containers and Plastic Bags) Act 2011 48 (c) knows: (i) the officer is acting in an official capacity; or (ii) the information is for the participant's carrying out of activities under the CDS. Maximum penalty: 400 penalty units or imprisonment for (2) A person must not give a document containing misleading information to: (a) an authorised officer acting in an official capacity; or (b) a CDS participant for the participant's carrying out of activities under the CDS. (a) intentionally gives the document to the officer or participant; and (b) knows the document contains misleading information; and (c) knows: (i) the officer is acting in an official capacity; or (ii) the document is for the participant's carrying out of activities under the CDS. Maximum penalty: 400 penalty units or imprisonment for (3) Subsection (2) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the attention of the authorised officer or CDS participant; and (b) to the extent to which the person can reasonably do so – gives the officer or participant the information necessary to correct the document. Environment Protection (Beverage Containers and Plastic Bags) Act 2011 49 misleading information means information that is misleading in a material particular or because of the omission of a material particular.