Document ID: chunk:federal_register_of_legislation:C2007A00147:clause:1_28
Version: federal_register_of_legislation:C2007A00147
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 17634–19526

28  Offence—False or misleading information given in connection with a UN sanction enforcement law

 (1) A person commits an offence if:
 (a) the person gives information or a document to a Commonwealth entity; and
 (b) the information or document is given in connection with the administration of a UN sanction enforcement law; and
 (c) the information or document:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information or document is misleading.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

 (2) A person (the first person) commits an offence if:
 (a) the first person gives information or a document to another person; and
 (b) the first person is reckless as to whether the other person or someone else will give the information or document to a Commonwealth entity in connection with the administration of a UN sanction enforcement law; and
 (c) the information or document:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information or document is misleading.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

 (3) Subsection (1) or (2) does not apply:
 (a) as a result of subparagraph (1)(c)(i) or (2)(c)(i)—if the information or document is not false or misleading in a material particular; or
 (b) as a result of subparagraph (1)(c)(ii) or (2)(c)(ii)—if the information or document did not omit any matter or thing without which the information or document 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).

Geographical application of offences

 (4) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) or (2).

Part 6—Information relating to UN sanctions