Section 54
repeal, insert
(1) A person commits an offence if:
(a) the person gives information to another person; and
(b) the other person is a relevant officer; and
(c) the person knows the information is misleading; and
(d) the person knows the relevant officer is acting in an official capacity.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if:
(a) the person gives a document to another person; and
(b) the other person is a relevant officer; and
(c) the person knows the document contains misleading information; and
(d) the person knows the relevant officer is acting in an official capacity.
Maximum penalty: 100 penalty units.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the relevant officer's attention; and
(b) to the extent to which the person can reasonably do so – gives the relevant officer the information necessary to remedy the misleading aspect of the document.
(5) In this section:
"acting in an official capacity", in relation to a relevant officer, means the relevant officer 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.
"relevant officer "means the Director, the Chief Health Officer or an authorised officer.