Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
32 False or misleading information
(1) A person commits an offence if the person—
(a) gives information in purported compliance with a requirement under this Act; and
(b) does so knowing that the information—
(i) is false or misleading; or
(ii) omits something without which the information is false or misleading.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if the person—
(a) gives information in purported compliance with a requirement under this Act; and
(b) is reckless about whether the information—
(i) is false or misleading; or
(ii) omits something without which the information is false or misleading.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subsections (1) (b) (i) and (2) (b) (i) do not apply if the information is not false or misleading in a material particular.
(4) Subsections (1) (b) (ii) and (2) (b) (ii) do not apply if the omission does not make the information false or misleading in a material particular.
(5) Subsection (6) applies if, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (2).
(6) The trier of fact may find the defendant guilty of the offence against subsection (2), but only if the defendant has been given procedural fairness in relation to that finding of guilt.
33 False or misleading documents
(1) A person commits an offence if the person—
(a) produces a document in purported compliance with a requirement under this Act; and
(b) does so knowing that the document is false or misleading.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a signed statement—
(a) stating that the document is, to the signing person's knowledge, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the document is, to the signing person's knowledge, false or misleading.
(4) For subsection (3), the statement must be signed by—
(a) the person; or
(b) if the person who produces the document is a corporation—a competent officer of the corporation.
(5) A person commits an offence if the person—
(a) produces a document in purported compliance with a requirement under this Act; and
(b) is reckless about whether the document is false or misleading.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(6) Subsection (5) does not apply if the document is not false or misleading in a material particular.
(7) Subsection (8) applies if, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (5).
(8) The trier of fact may find the defendant guilty of the offence against subsection (5), but only if the defendant has been given procedural fairness in relation to that finding of guilt.
34 Hindering or obstructing an inspector
(1) A person commits an offence if the person obstructs or hinders an inspector in the exercise of a function under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) An offence against this section is a strict liability offence.