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Motor Car Traders Act 1986
84AFalse or misleading statements
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84A False or misleading statements
S. 84A(1) amended by No. 8/2003 s. 73.
(1) A person must not in, or in relation to—
(a) an application for a licence; or
S. 84A(1)(b) repealed by No. 52/1998 s. 174.
S. 84A(1)(c) amended by No. 74/1996 s. 39(1).
(c) the making of a claim to the Committee; or
S. 84A(1)(d) inserted by No. 74/1996 s. 39(1).
(d) any document required by this Act or by the Authority—
give information or make a statement that is false or misleading by reason of the inclusion of any false or misleading matter or the omission of any material matter.
1. 50 penalty units, in the case of a natural person or, in the case of a corporation, 100 penalty units.
(2) It is a defence to a prosecution of a person for an offence under subsection (1) if the person proves that, when the information was given or the statement made, the person—
(a) believed on reasonable grounds—
(i) that the false matter was true; or
(ii) that the misleading matter was not misleading; or
S. 84A(2)(b) amended by No. 74/1996 s. 39(2).
(b) in the case of an omission—
(i) believed on reasonable grounds that no material matter had been omitted; or
(ii) did not know that the omitted matter was material—
and the person notified the Authority of the false or misleading matter or omission as soon as the person became aware of it.
S. 84B inserted by No. 6/1989 s. 20.