100False or misleading statements

#### 100 False or misleading statements (1) If: (a) a liable entity other than a government body: (i) makes a statement that is false or misleading in a material particular to a person for a purpose connected with this Act; or (ii) omits from a statement made to a person for a purpose connected with this Act anything without which the statement is misleading in a material particular; and (b) the renewable energy shortfall charge properly payable by the liable entity exceeds the renewable energy shortfall charge that would have been payable by the liable entity if it were assessed on the basis that the statement were not false or misleading; the liable entity is liable to pay, by way of penalty, penalty charge equal to double the amount of the excess referred to in paragraph (b). (2) A reference in this section to a statement made to a person for a purpose connected with this Act is a reference to a statement made orally, in writing, in a data processing device or in any other form and, for example, includes a statement: (a) made in an objection, statement or other document lodged with, given to or prepared for the person; and (b) made in answer to a question asked by the person; and (c) made in any information provided to the person.