Document ID: chunk:federal_register_of_legislation:C2025C00134:section:130bb
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 130BB
Character Range: 699762–701843

130BB  Giving false or misleading information to auditor

Offence—person knows the information is false or misleading etc.
 (1) A person commits an offence if:
 (a) the person is:
 (i) the trustee of a superannuation entity; or
 (ii) a responsible officer of the trustee of a superannuation entity; or
 (iii) an employee of the trustee of a superannuation entity; and
 (b) the person gives information, or allows information to be given, to an auditor of the superannuation entity; and
 (c) the information relates to the affairs of the superannuation entity; and
 (d) the person knows that the information:
 (i) is false or misleading in a material particular; or
 (ii) is missing something that makes the information misleading in a material respect.
Penalty: Imprisonment for 5 years or 200 penalty units, or both.

Offence—person fails to ensure the information is not false or misleading etc.
 (2) A person commits an offence if:
 (a) the person is:
 (i) the trustee of a superannuation entity; or
 (ii) a responsible officer of the trustee of a superannuation entity; or
 (iii) an employee of the trustee of a superannuation entity; and
 (b) the person gives information, or allows information to be given, to an auditor of the superannuation entity; and
 (c) the information relates to the affairs of the superannuation entity; and
 (d) the information:
 (i) is false or misleading in a material particular; or
 (ii) is missing something that makes the information misleading in a material respect; and
 (e) the person did not take reasonable steps to ensure that the information:
 (i) was not false or misleading in a material particular; or
 (ii) was not missing something that makes the information misleading in a material respect.
Penalty: Imprisonment for 2 years or 100 penalty units, or both.

Determining whether information is false or misleading
 (3) If information is given to the auditor in response to a question asked by the auditor, the information and the question must be considered together in determining whether the information is false or misleading.