Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p36
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
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or under regulations under that Act; or
     (b) made, whether before or after the commencement of this section, by the Commissioner, or a delegate of the Commissioner, under this Act, under the superseded Act or under regulations under either Act,
the Commissioner may correct that error or mistake.".

Delegation
70. Section 165 of the Principal Act is amended—
     (a) by omitting from sub-section (1) "that deals with matters arising under this Act any of his powers under this Act," and substituting "all or any of the Minister's powers under this Act or regulations under this Act,"; and
     (b) by inserting in sub-section (2) "or regulations under this Act, as the case requires" after "this Act".

Persons not to make false statements to Commissioner, &c.
71. Section 167 of the Principal Act is amended—
     (a) by omitting from paragraph (1) (a) ", either orally or in writing, a false or misleading statement" and substituting "a statement, either orally or in writing,";
     (b) by adding at the end of paragraph (1) (a) "that is, to the person's knowledge, false or misleading in a material particular";
     (c) by omitting from paragraph (1) (c) "a false or misleading statement or by means of impersonation; or" and substituting "a statement,

    whether made orally or in writing, that is, to the person's knowledge, false or misleading in a material particular or by means of impersonation;";
     (d) by omitting from paragraph (1) (d) "or present";
     (e) by omitting from paragraph (1) (d) "or document that is" and substituting ", either orally or in writing, that is, to the person's knowledge";
     (f) by adding after paragraph (1) (d) the following word and paragraph:
            "; or (e) present (otherwise than pursuant to section 163a) to an officer exercising powers or performing functions in relation to this Act a document, that is, to the person's knowledge, false or misleading in a material particular.";
     (g) by omitting the penalty set out at the foot of sub-section (1) and substituting the following penalty:
     "Penalty—
          (a) if the offender is a natural person—$2,000 or imprisonment for 12 months, or both; or
          (b) if the offender is a body corporate—$10,000."; and
     (h) by inserting after sub-section (1) the following sub-section:
     "(1a) An offence against sub-section (1) is punishable on summary conviction.".

72. After section 167 of the Principal Act the following section is inserted:

Proceedings against corporations
"167aa. (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body, it is sufficient to show that a director, servant or agent of the body, being a director, servant or agent by whom the