45False or misleading statements

45 False or misleading statements

[Section 45 Subsection (1) amended by No. 29 of 1994, s. 36 and Sched. 2 ]

(1)  *[Section 45 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*Subject to subsection (2) , a person who –

(a) makes an application under this Act;

(b) [Section 45 Subsection (1) amended by No. 55 of 2004, s. 73, Applied:01 Jul 2005] provides any particulars to the Authority with respect to an application under this Act;

(c) [Section 45 Subsection (1) amended by No. 55 of 2004, s. 73, Applied:01 Jul 2005] makes an answer, whether orally or in writing, to a question put to him or her pursuant to this Act by the Authority or by a forest practices officer; or

(d) [Section 45 Subsection (1) amended by No. 55 of 2004, s. 73, Applied:01 Jul 2005] lodges a plan or other document with the Authority under this Act –

that is or are false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(2)  It is a defence to a charge under subsection (1) if it is proved that, at the time the application was made, the particulars with respect to the application were provided, the answer was given to the question, or the plan or other document was lodged, the defendant believed on reasonable grounds that the application, answer, plan, or other document was, or particulars were, neither false nor misleading.