Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:7_213
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 7 cl 213
Character Range: 196858–198036

213  At the end of section 41JH
Add:
 (2) A person to whom a notice is given under section 41JCA, 41JD, 41JE, 41JF or 41JFA commits an offence if:
 (a) the person gives information to the Secretary; and
 (b) the information:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information is misleading; and
 (c) the information is given in compliance or purported compliance with the notice.
Penalty: 100 penalty units.
 (3) An offence against subsection (2) is an offence of strict liability.
 (4) Subsection (1) or (2) does not apply as a result of subparagraph (1)(b)(i) or (2)(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 (4): see subsection 13.3(3) of the Criminal Code.
 (5) Subsection (1) or (2) does not apply as a result of subparagraph (1)(b)(ii) or (2)(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 (5): see subsection 13.3(3) of the Criminal Code.