Document ID: chunk:federal_register_of_legislation:C2004A00909:clause:1_44
Version: federal_register_of_legislation:C2004A00909
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 18931–19961

44  Subsections 159A(1) and (2)
Repeal the subsections, substitute:

 (1) A person is guilty of an offence if:
 (a) the person makes a statement to an officer; and
 (b) the statement:
 (i) is false or misleading in a material particular; or
 (ii) omits any matter or thing without which the statement is false or misleading in a material particular; and
 (c) the person is reckless as to whether the statement is a statement of that kind.

Penalty: 5 penalty units.

 (2) In a prosecution of a person for an offence against subsection (1), if, having regard to:
 (a) the person's abilities, experience, qualifications and other attributes; and
 (b) all the circumstances surrounding the alleged offence;
the person has acted without taking reasonable care as to the accuracy and completeness of the statement, or with intentional disregard to the requirements to obtain and provide relevant information, the person is to be taken to have been reckless as to whether the statement is false or misleading in a material particular.