South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 232

232—Certifying incorrect documents

        (1)         If a person falsely provides a certification under section 273(1), the person is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for 1 year.

        (1a)         In proceedings for an offence against subsection (1), it is a defence to prove that—

            (a)         the defendant was not negligent; and

            (b)         the act or omission constituting the offence was attributable to an honest mistake on the defendant's part.

        (1b)         If—

            (a)         a person falsely provides a certification under section 273(1); and

            (b)         the person knows that the certification is false,

the person is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         If a person who is an employee of a body corporate that is a mortgagee that is required to provide a certification under section 273(1)

            (a)         provides the certification on behalf of the body corporate; but

            (b)         does not, at the time of providing the certification, have personal knowledge of the matters to which he or she is certifying,

the person and the body corporate are each guilty of an offence.

Maximum penalty: $10 000.



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