South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 232B

232B—Offences relating to verification of authority

        (1)         If a person falsely states that the authority of another person to enter into a transaction, or to execute an instrument or document in connection with a transaction, has been verified in accordance with the verification of authority guidelines or the participation rules, the person is guilty of an offence.

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

        (2)         If—

            (a)         a person falsely states that the authority of another person to enter into a transaction, or to execute an instrument or document in connection with a transaction, has been verified in accordance with the verification of authority guidelines or the participation rules; and

            (b)         the person knows the statement is false,

the person is guilty of an offence.

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

        (3)         If a person makes a false or misleading statement in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules, the person is guilty of an offence.

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

        (4)         If—

            (a)         a person makes a false or misleading statement in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules; and

            (b)         the person knows the statement is false or misleading,

the person is guilty of an offence.

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

        (5)         A person who, in connection with verifying the authority of the person, or another person, to enter into a transaction, or to execute an instrument or document in connection with a transaction, for the purposes of the verification of authority guidelines or the participation rules, produces a document or record that he or she knows, or ought to know, is false or misleading in a material particular, is guilty of an offence.

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

        (6)         A person who is required under the verification of authority guidelines or the participation rules to retain a document or record produced in connection with the verification of another person's authority to enter into a transaction, or to execute an instrument or document in connection with a transaction, must retain and safely and securely store the document or record, or a clearly legible copy of the document or record, for the period during which retention of the document or record is required under the guidelines or rules as in force when the document or record was produced.

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

        (7)         A certification provided under section 273(1) is not a statement for the purposes of this section.



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