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National Consumer Credit Protection Act 2009
225False or misleading documents
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225 False or misleading documents
Fault‑based offence
(c) the person knows that the document is materially false or misleading because of the statement or omission.
Strict liability offence—failure to take reasonable steps
(2) A person commits an offence of strict liability if:
(c) the document is materially false or misleading because of the statement or omission; and
(d) the person did not take all reasonable steps to ensure that the document was not materially false or misleading because of the statement or omission.
Note 1: For when a document is materially false or misleading, see subsection (5).
Note 2: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty—knowledge or recklessness
(3) A person contravenes this subsection if:
(c) the person knows that, or is reckless as to whether, the document is materially false or misleading because of the statement or omission.
Civil penalty—failure to take reasonable steps
(4) A person contravenes this subsection if:
(i) makes, or authorises the making of, a statement in a document; or
(ii) omits, or authorises the omission of, a matter or thing from a document; and
(c) the document is materially false or misleading because of the statement or omission; and
(d) the person did not take all reasonable steps to ensure that the document was not materially false or misleading because of the statement or omission.
When a document is materially false or misleading
(5) For the purposes of this section, a document is materially false or misleading if:
(a) the document includes a statement that:
(i) is false in a material particular or materially misleading; or
(ii) is based on information that is false in a material particular or materially misleading, or has omitted from it a matter or thing the omission of which renders the document materially misleading; or
(b) a matter or thing is omitted from the document and, without the matter or thing, the document is false in a material particular or materially misleading.
Authorisations
(6) For the purposes of this section, a person who votes in favour of a resolution approving, or who otherwise approves, a document is taken to have authorised:
(a) the making of any statement in the document; and
(b) the omission of any matter or thing from the document.
Part 5‑3—Concealment or falsification of credit books