Document ID: chunk:federal_register_of_legislation:F2016C00635:clause:1_10
Version: federal_register_of_legislation:F2016C00635
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 14932–17029

10  Offence—providing false or misleading information to IAP service provider
 (1) The operator of an IAP vehicle commits an offence if:
 (a) the operator gives information to an IAP service provider with which the operator has entered into an IAP agreement; and
 (b) the information is relevant to the operation of the vehicle; and
 (c) the information:
 (i) is false or misleading; or
 (ii) omits anything without which the information is false or misleading.
Maximum penalty: $10 000.
       Drafting note:  The penalty specified for an offence in this Bill is intended to be indicative only, as a general guide to the offence's perceived seriousness.
 (2) Subsection (1) does not apply because of subparagraph (1)(c)(i) if the information was not false or misleading in a material particular.
 (3) Subsection (1) does not apply because of subparagraph (1)(c)(ii) if the information omitted did not render the information given false or misleading in a material particular.
 (4) Without limiting paragraph (1)(b), information about an IAP condition that applies, or is capable of applying, to a vehicle is relevant to the operation of the vehicle.
 (5) The operator of a vehicle commits an offence if:
 (a) the operator gives information to an IAP service provider; and
 (b) the operator intends that the IAP service provider will enter into an IAP agreement with the operator in reliance on the information; and
 (c) the information:
 (i) is false or misleading; or
 (ii) omits anything without which the information is false or misleading.
Maximum penalty: $10 000.
 (6) Subsection (5) does not apply because of subparagraph (5)(c)(i) if the information was not false or misleading in a material particular.
 (7) Subsection (5) does not apply because of subparagraph (5)(c)(ii) if the information omitted did not render the information given false or misleading in a material particular.
       Drafting note:  The fact situation envisaged by subsections (5), (6) and (7) may possibly be covered by a fraud‑type offence in a particular jurisdiction. If so, those subsections can be omitted.