Document ID: chunk:federal_register_of_legislation:C2025C00022:section:367
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 367
Character Range: 599421–600504

367  Civil penalty provision for false or misleading statements in applications
 (1) A person is liable to a civil penalty if:
 (a) the person makes a statement (whether orally, in a document or in any other way) in, or in connection with, an application made under this Act; and
 (b) the person does so knowing that the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading.
Civil penalty: 960 penalty units.
 (2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
 (3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).