Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p179
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 179/268)
Character Range: 818708–821453

the matter in subsection (3). See subsection 13.3(3).
 (4) Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).
 (5) Subsection (1) does not apply as a result of subparagraph (1)(c)(ii) if, 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".

137.1A  Aggravated offence for giving false or misleading information
 (1) A person commits an offence if:
 (a) the person commits an offence against subsection 137.1(1) (the underlying offence); and
 (b) the information given in committing the underlying offence was given in relation to an application for, or the maintenance of, an Australian Government security clearance.
Penalty: Imprisonment for 5 years.
 (2) There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described) for the underlying offence.
 (3) To avoid doubt:
 (a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and
 (b) a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.

Alternative verdicts
 (4) If, on a trial of a person for an offence against subsection (1), the trier of fact:
 (a) is not satisfied that the person is guilty of that offence; and
 (b) is satisfied beyond reasonable doubt that the person is guilty of the underlying offence;
it may find the person not guilty of the offence against subsection (1) but guilty of the underlying offence.
 (5) Subsection (4) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the underlying offence.

References to section 137.1
 (6) A reference in any law to section 137.1 is taken to include a reference to this section.

137.2  False or misleading documents
 (1) A person commits an offence if:
 (a) the person produces a document to another person; and
 (b) the