Document ID: chunk:federal_register_of_legislation:C2024C00632:section:31d
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 31D
Character Range: 380598–382276

31D  False or misleading information
 (1) A person to whom a notice is given under section 31A, 31AA, 31B or 31BA commits an offence if:
 (a) the person gives information to the Secretary in compliance or purported compliance with the notice; 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.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (1A) A person to whom a notice is given under section 31A, 31AA, 31B or 31BA commits an offence if:
 (a) the person gives information to the Secretary in compliance or purported compliance with the notice; and
 (b) the information:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information is misleading.
Penalty: 100 penalty units.
 (1B) An offence against subsection (1A) is an offence of strict liability.
 (2) Subsection (1) or (1A) does not apply as a result of subparagraph (1)(b)(i) or (1A)(b)(i) if the information is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) or (1A) does not apply as a result of subparagraph (1)(b)(ii) or (1A)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.