46False or misleading information

46 False or misleading information

(1) A person is liable to a civil penalty if: (a) the person gives information to an official of the Office; and (b) the person does so knowing that the information: (i) is false or misleading in a material particular; or (ii) omits any matter or thing without which the information is misleading in a material particular; and (c) the information is given in compliance or purported compliance with a notice under subsection 44(2).

Civil penalty: 100 penalty units.

(2) Subsection (1) does not apply if, before the information was given by the person to the official, the official did not take reasonable steps to inform the person that the person may be liable to a civil penalty for contravening subsection (1).

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

(3) For the purposes of subsection (2), it is sufficient if the following form of words is used: “You may be liable to a civil penalty for giving false or misleading information”.