Tobacco and Other Smoking Products Act 1998
sec.53False or misleading information
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sec.53 False or misleading information
A person must not, in relation to a retail or wholesale licence or an application under this Act— state anything to the chief executive that the person knows is false or misleading in a material particular; or give the chief executive information or a document the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. Subsection (1) does not apply to a person if the person, when making the statement or giving the information or document— tells the chief executive, to the best of the person’s ability, how the statement, information or document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive. s 53 ins 2023 No. 16 s 7 (sec.53-ssec.1) A person must not, in relation to a retail or wholesale licence or an application under this Act— state anything to the chief executive that the person knows is false or misleading in a material particular; or give the chief executive information or a document the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (sec.53-ssec.2) Subsection (1) does not apply to a person if the person, when making the statement or giving the information or document— tells the chief executive, to the best of the person’s ability, how the statement, information or document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.
- (a) state anything to the chief executive that the person knows is false or misleading in a material particular; or
- (b) give the chief executive information or a document the person knows is false or misleading in a material particular.
- (a) tells the chief executive, to the best of the person’s ability, how the statement, information or document is false or misleading; and
- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the chief executive.