Document ID: chunk:federal_register_of_legislation:C2004A00712:clause:1_31e
Version: federal_register_of_legislation:C2004A00712
Segment Type: clause
Provision Reference: sch 1 cl 31E
Character Range: 12232–13390

31E  False or misleading documents

 (1) A person is guilty of an offence if:
 (a) the person produces a document to the Secretary; and
 (b) the person does so knowing that the document is false or misleading; and
 (c) the document is produced in compliance or purported compliance with subsection 31C(1).

Maximum penalty: Imprisonment for 12 months.

 (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2).

 (3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
 (a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and
 (b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.

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