Northern Territory Numbered Acts

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EDUCATION ACT 2015 (NO 28 OF 2015) - SECT 159

Misleading information

    (1)     An applicant under section 129 (1) or 2015_Acte002.html#_Ref433295663">154 (1) commits an offence if:

    (a)     the applicant intentionally gives information to another person in or in connection with the application; and

    (b)     the other person is authorised by this Part to require the provision of that information; and

    (c)     the applicant knows the information is misleading; and

    (d)     the applicant knows the other person is acting in an official capacity.

Maximum penalty:     50 penalty units.

    (2)     An applicant under section 129 (1) or 2015_Acte002.html#_Ref433295688">154 (1) commits an offence if:

    (a)     the applicant intentionally gives a document to another person in or in connection with the application; and

    (b)     the other person is authorised by this Part to require the provision of that document; and

    (c)     the applicant knows the document contains misleading information; and

    (d)     the applicant knows the other person is acting in an official capacity.

Maximum penalty:     50 penalty units.

    (3)     Strict liability applies to subsections (1)(b) and (2)(b).

    (4)     Subsection (2) does not apply if the applicant, when giving the document:

    (a)     draws the misleading aspect of the document to the other person's attention; and

    (b)     to the extent to which the applicant can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the document.

    (5)     In this section:

"acting in an official capacity", in relation to a person authorised by this Part to require the provision of information or a document, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Part.



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