703False or misleading information given by responsible person to another responsible person

703 False or misleading information given by responsible person to another responsible person

703 False or misleading information given by responsible person to another responsible person

(1) A responsible person for a heavy vehicle (the information giver) must not give another responsible person for a heavy vehicle (the affected person) information the information giver knows, or ought reasonably to know, is false or misleading in a material particular.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

(2) A responsible person for a heavy vehicle (also the information giver) must not give another responsible person for a heavy vehicle (the affected person) information that is false or misleading in a material particular if the information giver does so recklessly as to whether the information is false or misleading in the material particular.

Maximum penalty—$8000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) Subsections (1) and (2) do not apply if the affected person knew, or ought reasonably to have known, that the information was false or misleading in the material particular.

(4) Subsection (1) or (2) does not apply if the information giver gives the information in writing and, when giving the information—

(a) tells the affected person how it is false or misleading; and

(b) if the information giver has the correct information—gives the correct information in writing.

(5) Subsection (1) or (2) applies even if the information was not given in response to, or in purported compliance with, a direction or requirement under this Law.

(6) In a proceeding for an offence against subsection (1) or (2)—

(a) it is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading; and

(b) it is enough for a charge to state that the information given was false or misleading to the information giver’s knowledge, without specifying whether the information giver knew or ought reasonably to have known the information was false or misleading.