Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p21
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 21/39)
Character Range: 80182–82920

before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).

Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).

 (6) For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:
"Giving false or misleading information is a serious offence".

137.2  False or misleading documents

 (1) A person is guilty of an offence if:
 (a) the person produces a document to another person; and
 (b) the person does so knowing that the document is false or misleading; and
 (c) the document is produced in compliance or purported compliance with a law of the Commonwealth.

Penalty: Imprisonment for 12 months.

 (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).

 (3) Subsection (1) does not apply to a person who produces a document 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 subsection (3). See subsection 13.3(3).

137.3  Geographical jurisdiction

  Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.

Part 7.5—Unwarranted demands

Division 138—Preliminary

138.1  Unwarranted demand with menaces

 (1) For the purposes of this Part, a person (the first person) makes an unwarranted demand with menaces of another person if, and only if:
 (a) the first person makes a demand with menaces of the other person; and
 (b) the first person does not believe that he or she has reasonable grounds for making the demand; and
 (c) the first person does not reasonably believe that the use of the menaces is a proper means of reinforcing the demand.

 (2) This Part applies to a demand whether or not it is for property.

 (3) This Part applies to a demand with menaces, whether or not the menaces relate to conduct to be engaged in by the person making the demand.

138.2  Menaces

 (1) For the purposes of this Part, menaces includes:
 (a) a