Document ID: chunk:federal_register_of_legislation:C2023A00055:section:47
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 47
Character Range: 50794–51929

47  False or misleading documents
 (1) A person is liable to a civil penalty if:
 (a) the person produces a document to an official of the Office; and
 (b) the person does so knowing that the document:
 (i) is false or misleading in a material particular; or
 (ii) omits any matter or thing without which the information or document is misleading in a material particular; and
 (c) the document is produced in compliance or purported compliance with a notice under subsection 44(2).
Civil penalty: 100 penalty units.
 (2) Subsection (1) does not apply 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 this subsection (see section 96 of the Regulatory Powers Act).