Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p20
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 20/39)
Character Range: 77585–80418

subsection 13.3(3).

Alternative verdicts

 (7) If, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (4), the trier of fact may find the defendant not guilty of the offence against subsection (1) but guilty of the offence against subsection (4), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Geographical jurisdiction

 (8) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (4).

Definition

 (9) In this section:

benefit includes any advantage and is not limited to property.

Division 137—False or misleading information or documents

137.1  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 applies:
 (i) the information is given to a Commonwealth entity;
 (ii) the information is given to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
 (iii) the information is given in compliance or purported compliance with a law of the Commonwealth.

Penalty: Imprisonment for 12 months.

 (2) Subsection (1) does not apply as a result of subparagraph (1)(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).

 (3) Subsection (1) does not apply as a result of subparagraph (1)(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).

 (4) Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).

 (5) Subsection (1) does not apply as a result of subparagraph (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