146Misleading information

146 Misleading information (a) the person intentionally gives information to another person or to a body; and

Information Act 2002 89 (b) the other person or the body is the Commissioner or a public (c) the person knows the information is misleading; and (d) the person knows the Commissioner or organisation is acting in an official capacity. (2) A person commits an offence if: (a) the person intentionally gives a record to another person or to a body; and (b) the other person or the body is the Commissioner or a public (c) the person knows the record contains misleading information; and (d) the person knows the Commissioner or organisation 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 record: (a) draws the misleading aspect of the record to the attention of the Commissioner or public sector organisation; and (b) to the extent to which the person can reasonably do so – gives the Commissioner or organisation the information necessary to remedy the misleading aspect of the record. (5) A person commits an offence if: (a) the person makes a statement with the intention of gaining access under this Act to: (i) another person's personal information; or (ii) information about another person's business, professional, commercial or financial affairs; and

Information Act 2002 90 (b) the person knows the statement contains misleading Maximum penalty: 100 penalty units or imprisonment for 6 months. (6) In this section: acting in an official capacity means: (a) in relation to the Commissioner – the Commissioner is exercising powers or performing functions under, or otherwise related to the administration of, this Act; and (b) in relation to a public sector organisation given information or a record – the organisation is given the information or record in connection with 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.