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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 64

False information

  (1)   A person must not:

  (a)   in purported compliance with a requirement made under this Part; or

  (b)   in the course of an examination of the person;

give information, or make a statement, that is false or misleading in a material particular.

Penalty:   5 years imprisonment.

  (2)   A person must not, at a hearing, give evidence that is false or misleading in a material particular.

Penalty:   2 years imprisonment.

  (3)   It is a defence to a prosecution for a contravention of subsection   (1) or (2) if it is proved that the defendant, when giving the information or evidence or making the statement, believed on reasonable grounds that it was true and not misleading.

Note:   A defendant bears a legal burden in relation to the matter in subsection   (3), see section   13.4 of the Criminal Code .


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