Document ID: chunk:federal_register_of_legislation:C2025C00022:section:369
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 369
Character Range: 602156–603485

369  Civil penalty provision for false or misleading documents
 (1) A person is liable to a civil penalty 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 this Act.
Civil penalty: 960 penalty units.
 (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 this subsection (see section 96 of the Regulatory Powers Act).
 (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 this subsection (see section 96 of the Regulatory Powers Act).

Division 4—General rules about offences and civil penalty provisions