Northern Territory Numbered Acts

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TOBACCO CONTROL LEGISLATION AMENDMENT ACT 2014 (NO 40 OF 2014) - SECT 37

Section 54 replaced

Section 54

repeal, insert

54     Misleading information

    (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.



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