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Work Health and Safety (National Uniform Legislation) Act 2011
268Offence to give false or misleading information
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268 Offence to give false or misleading information
(1) A person must not give information in complying or purportedly
complying with this Act that the person knows:
(a) to be false or misleading in a material particular; or
(b) omits any matter or thing without which the information is
misleading.
Work Health and Safety (National Uniform Legislation) Act 2011 139
(2) A person must not produce a document in complying or purportedly
complying with this Act that the person knows to be false or
misleading in a material particular without:
(a) indicating the respect in which it is false or misleading and, if
practicable, providing correct information; or
(b) accompanying the document with a written statement signed
by the person or, in the case of a body corporate, by a
competent officer of the body corporate:
(i) stating that the document is, to the knowledge of the first
mentioned person, false or misleading in a material
particular; and
(ii) setting out, or referring to, the material particular in
which the document is, to the knowledge of the first
mentioned person, false or misleading.
(2A) Section 12B does not apply to an offence against subsection (2).
(3) Subsection (2) places an evidential burden on the accused to show
that the accused had indicated the extent to which the document
was false or misleading or that the accompanying document
sufficiently explained the extent to which the document was false or
misleading.