(1) A unit title assessor commits an offence if—
(a) the unit title assessor prepares a unit title assessment report; and
(b) the report—
(i) is false or misleading; or
(ii) omits something without which the report is false or misleading; and
(c) the person knows, or is reckless as to whether the report—
(i) is false or misleading; or
(ii) omits something without which the report is false or misleading.
Maximum penalty: 60 penalty units.
(2) Each partner of a unit title assessor commits an offence if—
(a) the unit title assessor prepares a unit title assessment report; and
(b) the report—
(i) is false or misleading; or
(ii) omits something without which the report is false or misleading; and
(c) the partner, or one of the partners, knows, or is reckless as to whether—
(i) the report is false or misleading; or
(ii) omits something without which the report is false or misleading.
Maximum penalty: 60 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) if the partner proves—
(a) that—
(i) the partner did not know about the false or misleading report; and
(ii) reasonable precautions were taken and appropriate diligence was exercised to avoid the preparation of a false or misleading report; or
(b) that the partner was not in a position to influence the other partners in relation to the preparation of the report.