6HFalse or misleading evidence

6H  False or misleading evidence  (1) A person shall not, at a hearing before a Commission, intentionally give evidence that the person knows to be false or misleading with respect to any matter, being a matter that is material to the inquiry being made by the Commission.  (1A) A person must not, in response to a notice given to the person under subsection 2(3C) in connection with a Commission, intentionally give information or a statement that the person knows to be false or misleading with respect to any matter that is material to the inquiry being made by the Commission.  (2) A contravention of subsection (1) or (1A) is an indictable offence and, subject to this section, is punishable on conviction by imprisonment for a period not exceeding 5 years or by a fine not exceeding 200 penalty units.  (3) Notwithstanding that an offence against subsection (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.  (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (2), the penalty that the court may impose is a fine not exceeding 20 penalty units or imprisonment for a period not exceeding 12 months.  (5) The reference in subsection (1) to the inquiry being made by the Commission is, for a Commission that holds an authorised member hearing, a reference to the inquiry being made by the Commission as a whole. Note: However, the reference in subsection (1) to a hearing before a Commission may be an authorised member hearing.