Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the other person is an authorised person; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the authorised person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the other person is an authorised person; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the authorised person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) It is a defence to a prosecution for an offence against subsection (2) if the person, when giving the document:
(a) draws the misleading aspect of the document to the authorised person's attention; and
(b) to the extent to which the person can reasonably do so – gives the authorised person the information necessary to remedy the misleading aspect of the document.
(5) In this section:
"acting in an official capacity", in relation to an authorised person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.