31DFalse or misleading information

#### 31D False or misleading information (1) A person to whom a notice is given under section 31A, 31AA, 31B or 31BA commits an offence if: (a) the person gives information to the Secretary in compliance or purported compliance with the notice; and (b) the person does so knowing that the information: (i) is false or misleading; or (ii) omits any matter or thing without which the information is misleading. Penalty: Imprisonment for 12 months or 1,000 penalty units, or both. > Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA. (1A) A person to whom a notice is given under section 31A, 31AA, 31B or 31BA commits an offence if: (a) the person gives information to the Secretary in compliance or purported compliance with the notice; and (b) the information: (i) is false or misleading; or (ii) omits any matter or thing without which the information is misleading. Penalty: 100 penalty units. (1B) An offence against subsection (1A) is an offence of strict liability. (2) Subsection (1) or (1A) does not apply as a result of subparagraph (1)(b)(i) or (1A)(b)(i) if the information is not false or misleading in a material particular. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. (3) Subsection (1) or (1A) does not apply as a result of subparagraph (1)(b)(ii) or (1A)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.