26False or misleading information

26 False or misleading information

(1)  An officer must not –

(a) [Section 26 Subsection (1) amended by No. 42 of 2002, s. 17, Applied:27 Nov 2002] make a statement concerning the affairs of the Government Business Enterprise or a subsidiary to a director, the Treasurer, the Portfolio Minister or the Auditor-General that the officer knows is false or misleading in a material particular; or

(b) [Section 26 Subsection (1) amended by No. 42 of 2002, s. 17, Applied:27 Nov 2002] omit from a statement concerning the affairs of the Government Business Enterprise or a subsidiary made to a director, the Treasurer, the Portfolio Minister or the Auditor-General anything without which the statement is, to the officer's knowledge, misleading in a material particular.

Penalty:  Fine not exceeding 50 penalty units or a term of imprisonment not exceeding 2 years, or both.

(2)  A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the information given was false or misleading to the person's knowledge.

(3)  [Section 26 Subsection (3) amended by No. 42 of 2002, s. 17, Applied:27 Nov 2002] An officer must not give to a director, the Treasurer, the Portfolio Minister or the Auditor-General a document containing information that the officer knows is false, misleading or incomplete in a material particular without–

(a) indicating to the recipient that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and

(b) giving the correct information to the recipient if the officer has, or can reasonably obtain, the correct information.

Penalty:  Fine not exceeding 25 penalty units or a term of imprisonment not exceeding 1 year, or both.