Document ID: chunk:federal_register_of_legislation:C2020A00003:clause:13_1308:p1
Version: federal_register_of_legislation:C2020A00003
Segment Type: clause
Provision Reference: sch 13 cl 1308 (pt 1/3)
Character Range: 71087–73709

1308  False or misleading documents

Fault‑based offence
 (1) A person commits an offence if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in the document; or
 (ii) omits, or authorises the omission of, a matter or thing from the document; and
 (c) the person knows that the document is materially false or misleading because of the statement or omission.
Note: For when a document is materially false or misleading, see subsection (6).
 (2) A person is not liable to be proceeded against for an offence in consequence of a regulation made under section 1364 as well as for an offence against subsection (1) of this section.

Strict liability offence—failure to take reasonable steps
 (3) A person commits an offence of strict liability if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in the document; or
 (ii) omits, or authorises the omission of, a matter or thing from the document; and
 (c) the document is materially false or misleading because of the statement or omission; and
 (d) the person did not take all reasonable steps to ensure that the document was not materially false or misleading because of the statement or omission.
Note 1: For when a document is materially false or misleading, see subsection (6).
Note 2: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty—knowledge or recklessness
 (4) A person contravenes this subsection if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in the document; or
 (ii) omits, or authorises the omission of, a matter or thing from the document; and
 (c) the person knows that, or is reckless as to whether, the document is materially false or misleading because of the statement or omission.
Note 1: For when a document is materially false or misleading, see subsection (6).
Note 2: This subsection is a civil penalty provision (see section 1317E).

Civil penalty—failure to take reasonable steps
 (5) A person contravenes this subsection if:
 (a) a document:
 (i) is required under or for the purposes of this Act; or
 (ii) is lodged with or submitted to ASIC; and
 (b) the person:
 (i) makes, or authorises the making of, a statement in a document; or
 (ii) omits, or authorises the omission of, a