34Civil penalty provision for false or misleading information

34 Civil penalty provision for false or misleading information

(1) A person is liable to a civil penalty if: (a) the person gives information (whether by giving an answer to a question or in writing) in compliance or purported compliance with subsection 11(3); and (b) the person does so knowing that the information: (i) is false or misleading; or (ii) omits any matter or thing without which the information is misleading.

Civil penalty: 240 penalty units.

(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the information is not false or misleading in a material particular.

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

(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.

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

(4) Subsection (1) does not apply if, before the information was given by a person to another person (the official) in compliance or purported compliance with subsection 11(3), 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) of this section.

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

(5) For the purposes of subsection (4), 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”.