Document ID: chunk:federal_register_of_legislation:C2017A00047:clause:12_41ae
Version: federal_register_of_legislation:C2017A00047
Segment Type: clause
Provision Reference: sch 12 cl 41AE
Character Range: 73097–74294

41AE  False or misleading documents—offence
 (1) A person commits an offence if:
 (a) the person produces a document to the Secretary; and
 (b) the person does so knowing that the document is false or misleading; and
 (c) the document is produced in compliance, or purported compliance, with a notice given under section 41AB.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2).
 (3) 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 (3).