109AMisleading information or document

109A Misleading information or document (a) the person intentionally gives information to another person; and (b) the other person is an official; and (c) the person knows the information is misleading; and (d) the person knows the official is acting in an official capacity. (2) A person commits an offence if: (a) the person intentionally gives a document to another person; and Fines and Penalties (Recovery) Act 2001 65 (b) the other person is an official; and (c) the person knows the document contains misleading information; and (d) the person knows the official is acting in an official capacity. (3) Strict liability applies to subsections (1)(b) and (2)(b). (4) Subsection (2) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the official's attention; and (b) to the extent to which the person can reasonably do so – gives the official the information necessary to remedy the misleading aspect of the document. (5) In this section: acting in an official capacity, in relation to an official, means the official is exercising powers or performing functions under, or otherwise related to the administration of, this Act. misleading information means information that is misleading in a material particular or because of the omission of a material particular. official means one of the following: (a) a law enforcement officer; (b) an authorised person; (c) an immobilisation officer; (d) an officer of the Fines Recovery Unit.