Document ID: chunk:federal_register_of_legislation:C2017A00047:clause:12_41ad
Version: federal_register_of_legislation:C2017A00047
Segment Type: clause
Provision Reference: sch 12 cl 41AD
Character Range: 72090–73097

41AD  False or misleading information—offence
 (1) A person commits an offence if:
 (a) the person is given a notice under section 41AB; and
 (b) the person gives information to the Secretary in compliance, or purported compliance, with the notice; and
 (c) 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.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (2) Subsection (1) does not apply as a result of subparagraph (1)(c)(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)(c)(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).