Document ID: chunk:federal_register_of_legislation:C2024C00639:section:146
Version: federal_register_of_legislation:C2024C00639
Segment Type: section
Provision Reference: s 146
Character Range: 217611–219052

146  False or misleading information
 (1) A person is liable to a civil penalty if:
 (a) the person gives information in compliance or purported compliance with this Act; 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.
Civil penalty: 600 penalty units.
 (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 this subsection (see section 96 of the Regulatory Powers Act).
 (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 this subsection (see section 96 of the Regulatory Powers Act).
 (4) Subsection (1) does not apply if, before the information was given by a person to another person (the official) in compliance or purported compliance with this Act, the official did not take reasonable steps to inform the person that the person may be liable to a civil penalty for contravening subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).