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CRIMES ACT 1900 - SECT 307B
False or misleading information
307B False or misleading information
(1) A person is guilty of an offence if-- (a) the person gives information to
another person, and
(b) the person does so knowing that the information-- (i)
is false or misleading, or
(ii) omits any matter or thing without which the
information is misleading, and
(c) any of the following subparagraphs apply--
(i) the information is given to a public authority,
(ii) the information is
given to a person who is exercising or performing any power, authority, duty
or function under, or in connection with, a law of the State,
(iii) the
information is given in compliance or purported compliance with a law of the
State.
: Maximum penalty--Imprisonment for 2 years, or a fine of 200 penalty
units, or both.
(2) Subsection (1) does not apply as a result of subsection
(1) (b) (i) if the information is not false or misleading in a material
particular.
(3) Subsection (1) does not apply as a result of subsection (1)
(b) (ii) if the information did not omit any matter or thing without which the
information is misleading in a material particular.
(4) Subsection (1) does
not apply as a result of subsection (1) (c) (i) if, before the information was
given by a person to the public authority, the public authority did not take
reasonable steps to inform the person of the existence of the offence against
subsection (1).
(5) Subsection (1) does not apply as a result of subsection
(1) (c) (ii) if, before the information was given by a person (the
"first person" ) to the person mentioned in that subparagraph (the
"second person" ), the second person did not take reasonable steps to inform
the first person of the existence of the offence against subsection (1).
(6)
The burden of establishing a matter referred to in subsection (2), (3), (4) or
(5) lies on the accused person.
(7) For the purposes of subsections (4) and
(5), it is sufficient if the following form of words is used-- "Giving false
or misleading information is a serious offence."
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