Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_132
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 132
Character Range: 153461–155525

132  False or misleading information provided to Rail Safety Regulator or officials
 (1) A person commits an offence if—
 (a) the person makes a statement to the Rail Safety Regulator or to an official who is exercising a power under a rail safety law; and
 (b) the person knows that the statement is false or misleading in a material particular.
 (2) A person commits an offence if—
 (a) the person makes a statement to the Rail Safety Regulator or to an official who is exercising a power under a rail safety law; and
 (b) the statement is false or misleading in a material particular; and
 (c) the person is reckless as to whether the statement is false or misleading in a material particular.
 (3) A person commits an offence if—
 (a) the person gives a document to the Rail Safety Regulator or to an official who is exercising a power under a rail safety law; and
 (b) the document is false or misleading in a material particular; and
 (c) the person is reckless as to whether the document is false or misleading in a material particular.
 (4) Sub‑section (3) does not apply if, at the time the person gave the document to the Rail Safety Regulator or to an official, the person informed the Rail Safety Regulator or official that the document was false or misleading in a material particular and specified in what respect it was false or misleading.
 (5) The penalty for an offence under this section committed in relation to the Rail Safety Regulator or official exercising a power under a rail safety law is—
 (a) if there is one offence under the provision of the rail safety law under which the power is exercised – the penalty for that offence; or
 (b) if there is more than one offence under that provision – the penalties for those offences if the penalties are the same, or the lower or lowest of the penalties if they are different; or
 (c) if there is no offence under that provision—a penalty of [to be completed].
 (6) In this section—
official means a rail safety officer or a person assisting a rail safety officer.

Division 4—Other offences