Document ID: chunk:federal_register_of_legislation:C2004A00712:clause:1_31d
Version: federal_register_of_legislation:C2004A00712
Segment Type: clause
Provision Reference: sch 1 cl 31D
Character Range: 11248–12232

31D  False or misleading information

 (1) A person to whom a notice is given under section 31A or 31B is guilty of an offence if:
 (a) the person gives information to the Secretary in compliance or purported compliance with subsection 31C(1); 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.

Maximum 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).

 (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).