Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_184
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 184
Character Range: 263154–264863

184  False or misleading information provided to responsible persons
 (1) A person is (subject to subsection (4)) guilty of an offence if:
 (a) the person is a responsible person and provides information to another responsible person; and
 (b) the person does so knowing that the information is false or misleading in a material particular.
 (2) A person is (subject to subsection (4)) guilty of an offence if:
 (a) the person is a responsible person and provides information to another responsible person; and
 (b) the information is false or misleading in a material particular; and
 (c) the person does so recklessly as to whether the information is false or misleading in a material particular.
 (3) Subsection (1) does not apply if, at the time the person gave the information to another responsible person in written form, the person informed the other responsible person that the information was false or misleading in a material particular and specified in what respect it was false or misleading.
 (4) A person is not guilty of an offence under this section unless it is established that:
 (a) the material particular in which the information is alleged to be false or misleading relates to an ingredient of another Australian road law offence that is or could be committed by the other or any other responsible person (the affected person), if the affected person relies or were to rely on the material particular contained in the information; and
 (b) the affected person did not know and could not reasonably be expected to know or ascertain that the information was false or misleading in that particular.
 (5) In this section:
information means information in any form, whether written or not.