QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.205False or misleading documents
Start here
Get a plain-English read of sec.205
Turn the raw legal text into a practical explanation grounded in Transport Operations (Marine Safety) Act 1994.
### sec.205 False or misleading documents
A person must not—
for the purposes of this Act, give to the chief executive, the general manager or an officer or employee of the department or of MSQ a document containing information the person knows is false or misleading in a material particular; or
state in a document that the person knows will, for the purposes of this Act, be given to the chief executive, the general manager or an officer or employee of the department or of MSQ by someone else (the other person ), information the person knows is false or misleading in a material particular.
Maximum penalty—200 penalty units.
For subsection (1) (b) , it is immaterial whether the other person knows the information is false or misleading in a material particular.
Also, subsection (1) (b) does not limit the Criminal Code , section 7 , 8 or 542 , in its application to subsection (1) (a) .
Subsection (1) does not apply to a person who, when giving the document or making the statement—
informs the chief executive, general manager, officer or employee, to the best of the person’s ability, how it is false or misleading; and
gives the correct information to the chief executive, general manager, officer or employee if the person has, or can reasonably obtain, the correct information.
This section does not apply to a document given under section 202U to an official within the meaning of section 202N .
s 205 amd 2002 No. 29 s 16 sch 1 ; 2002 No. 21 s 93 ; 2008 No. 31 s 38
(sec.205-ssec.1) A person must not— for the purposes of this Act, give to the chief executive, the general manager or an officer or employee of the department or of MSQ a document containing information the person knows is false or misleading in a material particular; or state in a document that the person knows will, for the purposes of this Act, be given to the chief executive, the general manager or an officer or employee of the department or of MSQ by someone else (the other person ), information the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units.
(sec.205-ssec.2) For subsection (1) (b) , it is immaterial whether the other person knows the information is false or misleading in a material particular.
(sec.205-ssec.3) Also, subsection (1) (b) does not limit the Criminal Code , section 7 , 8 or 542 , in its application to subsection (1) (a) .
(sec.205-ssec.4) Subsection (1) does not apply to a person who, when giving the document or making the statement— informs the chief executive, general manager, officer or employee, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the chief executive, general manager, officer or employee if the person has, or can reasonably obtain, the correct information.
(sec.205-ssec.5) This section does not apply to a document given under section 202U to an official within the meaning of section 202N .
- (a) for the purposes of this Act, give to the chief executive, the general manager or an officer or employee of the department or of MSQ a document containing information the person knows is false or misleading in a material particular; or
- (b) state in a document that the person knows will, for the purposes of this Act, be given to the chief executive, the general manager or an officer or employee of the department or of MSQ by someone else (the other person ), information the person knows is false or misleading in a material particular.
- (a) informs the chief executive, general manager, officer or employee, to the best of the person’s ability, how it is false or misleading; and
- (b) gives the correct information to the chief executive, general manager, officer or employee if the person has, or can reasonably obtain, the correct information.