National Transport Commission (Model Legislation—Intelligent Access Program) Regulations 2006
10Offence—providing false or misleading information to IAP service provider
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10 Offence—providing false or misleading information to IAP service provider
(1) The operator of an IAP vehicle commits an offence if: (a) the operator gives information to an IAP service provider with which the operator has entered into an IAP agreement; and (b) the information is relevant to the operation of the vehicle; and (c) the information: (i) is false or misleading; or (ii) omits anything without which the information is false or misleading.
Maximum penalty: $10 000.
Drafting note: The penalty specified for an offence in this Bill is intended to be indicative only, as a general guide to the offence’s perceived seriousness.
(2) Subsection (1) does not apply because of subparagraph (1)(c)(i) if the information was not false or misleading in a material particular. (3) Subsection (1) does not apply because of subparagraph (1)(c)(ii) if the information omitted did not render the information given false or misleading in a material particular. (4) Without limiting paragraph (1)(b), information about an IAP condition that applies, or is capable of applying, to a vehicle is relevant to the operation of the vehicle. (5) The operator of a vehicle commits an offence if: (a) the operator gives information to an IAP service provider; and (b) the operator intends that the IAP service provider will enter into an IAP agreement with the operator in reliance on the information; and (c) the information: (i) is false or misleading; or (ii) omits anything without which the information is false or misleading.
Maximum penalty: $10 000.
(6) Subsection (5) does not apply because of subparagraph (5)(c)(i) if the information was not false or misleading in a material particular. (7) Subsection (5) does not apply because of subparagraph (5)(c)(ii) if the information omitted did not render the information given false or misleading in a material particular.
Drafting note: The fact situation envisaged by subsections (5), (6) and (7) may possibly be covered by a fraud‑type offence in a particular jurisdiction. If so, those subsections can be omitted.