New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 404

404 Offence to give false or misleading information to intelligent access service provider

(1) The operator of an intelligent access program vehicle commits an offence if--

(a) the operator gives information to an intelligent access program service provider with whom the operator has entered into an intelligent access program agreement for the vehicle; and

(b) the information is relevant to the use of the vehicle; and

(c) the operator knows, or ought reasonably to know, the information is false or misleading.

: Maximum penalty--$10000.

Editorial note--: See also section 737 (Increase of penalty amounts).

Note--: See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

(2) Subsection (1) does not apply if the operator gives the information in writing and, when giving the information--

(a) tells the intelligent access program service provider, to the best of the operator's ability, how it is false or misleading; and

(b) if the operator has, or can reasonably obtain, the correct information--gives the correct information in writing.

(3) Without limiting subsection (1)(b), information about the intelligent access program conditions applying to an intelligent access program vehicle is relevant to the use of the vehicle.

(4) The operator of a heavy vehicle commits an offence if--

(a) the operator gives information to an intelligent access program service provider; and

(b) the operator intends that the intelligent access program service provider will enter into an intelligent access program agreement with the operator in reliance on the information; and

(c) the operator knows, or ought reasonably to know, the information is false or misleading.

: Maximum penalty--$10000.

Editorial note--: See also section 737 (Increase of penalty amounts).

Note--: See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

(5) Subsection (4) does not apply if the operator gives the information in writing and, when giving the information--

(a) tells the intelligent access program service provider, to the best of the operator's ability, how it is false or misleading; and

(b) if the operator has, or can reasonably obtain, the correct information--gives the correct information in writing.

(6) In a proceeding for an offence against subsection (1) or (4), it is enough for a charge to state that the information given was 'false or misleading' to the operator's knowledge, without specifying whether it was false or whether it was misleading.