sec.53False or misleading documents, generally

### sec.53 False or misleading documents, generally In this section— official means the chief executive, the commissioner, an authorised officer, an accredited person or the SPEA administering authority for a camera-detected offence. transport Act does not include the Tow Truck Act 2023 . A person must not, in relation to the administration of a transport Act, give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty— if the document relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or if paragraph (a) does not apply and the document is, or is part of, an online declaration under section 114 —60 penalty units or 2 years imprisonment; or otherwise—60 penalty units. Subsection (2) does not apply to a person if the person, when giving the document— informs the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information. It is enough for a complaint against a person for an offence against subsection (2) to state that the information given was false or misleading to the person’s knowledge. s 53 amd 1995 No. 57 s 4 sch 2 ; 1997 No. 66 s 123 ; 1999 No. 42 s 32 ; 2007 No. 43 s 57 ; 2008 No. 67 s 76 ; 2008 No. 66 s 4 sch pt 2 ; 2019 No. 25 s 78 ; 2022 No. 10 s 59 ; 2023 No. 28 s 203 (sec.53-ssec.1) In this section— official means the chief executive, the commissioner, an authorised officer, an accredited person or the SPEA administering authority for a camera-detected offence. transport Act does not include the Tow Truck Act 2023 . (sec.53-ssec.2) A person must not, in relation to the administration of a transport Act, give an official a document containing information the person knows is false or misleading in a material particular. Maximum penalty— if the document relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or if paragraph (a) does not apply and the document is, or is part of, an online declaration under section 114 —60 penalty units or 2 years imprisonment; or otherwise—60 penalty units. (sec.53-ssec.3) Subsection (2) does not apply to a person if the person, when giving the document— informs the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information. (sec.53-ssec.4) It is enough for a complaint against a person for an offence against subsection (2) to state that the information given was false or misleading to the person’s knowledge. - (a) if the document relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or - (b) if paragraph (a) does not apply and the document is, or is part of, an online declaration under section 114 —60 penalty units or 2 years imprisonment; or - (c) otherwise—60 penalty units. - (a) informs the official, to the best of the person’s ability, how it is false or misleading; and - (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.