79False and misleading statements

79 False and misleading statements

S. 79(1) amended by No. 30/2003 s. 88(2).

(1) A person who, in a document required by or for the purposes of this Act or lodged with or submitted to the Director or in a declaration made under this Act, makes or authorizes the making of a statement that to his or her knowledge is false or misleading in a material particular or omits or authorizes the omission of any matter or thing without which the statement is to his or her knowledge misleading in a material respect, is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

S. 79(2) amended by No. 30/2003 s. 88(2).

(2) A person who, in a document required by or for the purposes of this Act or lodged with or submitted to the Director or in a declaration made under this Act—

(a) makes or authorizes the making of a statement that is false or misleading in a material particular; or

(b) omits or authorizes the omission of any matter or thing without which the statement would be misleading—

without having taken reasonable steps to ensure that the statement was not false or misleading or to ensure that the statement did not omit any matter or thing without which the document would be misleading, as the case may be, is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

Pt 4
(Heading and ss 79A–79F) inserted by No. 35/2000 s. 37.