Document ID: chunk:federal_register_of_legislation:C2024C00826:section:225:p1
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 225 (pt 1/2)
Character Range: 555346–557967

225  False or misleading documents

Fault‑based offence
 (1) A person commits an offence if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC under or for the purposes of this Act; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in the document; or
 (ii) omits, or authorises the omission of, a matter or thing from the document; and
 (c) the person knows that the document is materially false or misleading because of the statement or omission.
Criminal penalty: 5 years imprisonment.
Note: For when a document is materially false or misleading, see subsection (5).

Strict liability offence—failure to take reasonable steps
 (2) A person commits an offence of strict liability if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC under or for the purposes of this Act; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in the document; or
 (ii) omits, or authorises the omission of, a matter or thing from the document; and
 (c) the document is materially false or misleading because of the statement or omission; and
 (d) the person did not take all reasonable steps to ensure that the document was not materially false or misleading because of the statement or omission.
Criminal penalty: 20 penalty units.
Note 1: For when a document is materially false or misleading, see subsection (5).
Note 2: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty—knowledge or recklessness
 (3) A person contravenes this subsection if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC under or for the purposes of this Act; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in the document; or
 (ii) omits, or authorises the omission of, a matter or thing from the document; and
 (c) the person knows that, or is reckless as to whether, the document is materially false or misleading because of the statement or omission.
Civil penalty: 5,000 penalty units.
Note: For when a document is materially false or misleading, see subsection (5).

Civil penalty—failure to take reasonable steps
 (4) A person contravenes this subsection if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC under or for the purposes of this Act; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in a document; or
 (ii) omits, or authorises the omission of, a