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CRIME AND CORRUPTION ACT 2001 - SECT 218
False or misleading documents
218 False or misleading documents
(1) A person must not give the commission a document containing information
the person knows is false or misleading in a material particular.
Penalty— Maximum penalty—85 penalty units or 1 year’s imprisonment.
(2) Subsection (1) does not apply to a person if the person, when giving the
document— (a) tells the commission, 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.
(3) It is
enough for a complaint for an offence against subsection (1) to state the
document was ‘false or misleading’ to the person’s knowledge, without
specifying which.
(4) A court may order that a person who contravenes
subsection (1) must pay an amount of compensation to the commission, whether
or not the court also imposes a penalty for the contravention.
(5) The amount
of the compensation must be a reasonable amount for the cost of any
investigation made or other action taken by the commission because of the
false document.
(6) Without limiting the ways a person may give a document to
the commission, a person gives a document to the commission if the person
gives the document to an entity that is under an obligation to give the
document to the commission, whether or not the person intended that the
document be given to the commission.
(7) In this section—
"give" , a document to the commission, includes cause the document to be given
to the commission.
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