(1) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person does so knowing that the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is misleading; and
(c) the statement is made in, or in relation to—
(i) an application for the issue or amendment of a licence or an exemption; or
(ii) a response to the chief executive under section 25 (1) (Procedure for amendment etc of licence—other grounds); or
(iii) a response to the Minister under section 31 (2) (Hawking near commercial premises—amendment or revocation of exemption).
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) Subsection (1) (b) (i) does not apply if the statement is not false or misleading in a material particular.
(3) Subsection (1) (b) (ii) does not apply if the omission does not make the statement misleading in a material particular.
(4) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the person is reckless as to whether the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is misleading; and
(c) the statement is made in, or in relation to—
(i) an application for the issue or amendment of a licence or an exemption; or
(ii) a response to the chief executive under section 25 (1) (Procedure for amendment etc of licence—other grounds); or
(iii) a response to the Minister under section 31 (2) (Hawking near commercial premises—amendment or revocation of exemption).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5) Subsection (4) (b) (i) does not apply if the statement is not false or misleading in a material particular.
(6) Subsection (4) (b) (ii) does not apply if the omission does not make the statement misleading in a material particular.