Document ID: chunk:federal_register_of_legislation:C2007C00652:clause:1_41ji
Version: federal_register_of_legislation:C2007C00652
Segment Type: clause
Provision Reference: sch 1 cl 41JI
Character Range: 110178–111168

41JI  False or misleading documents

 (1) A person is guilty of an offence if:
 (a) the person produces a document to the Secretary; and
 (b) the person knows that the document is false or misleading; and
 (c) the document is produced in compliance or purported compliance with subsection 41JG(1).

Maximum penalty: 60 penalty units.

 (2) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
 (a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and
 (b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).