Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 703

703 False or misleading information given by responsible person to another responsible person

(1) A responsible person for a heavy vehicle (the
"information giver" ) must not give another responsible person for a heavy vehicle (the
"affected person" ) information the information giver knows, or ought reasonably to know, is false or misleading in a material particular.

Penalty—

Maximum penalty—$10000.

Note—

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

(2) A responsible person for a heavy vehicle (also the
"information giver" ) must not give another responsible person for a heavy vehicle (the
"affected person" ) information that is false or misleading in a material particular if the information giver does so recklessly as to whether the information is false or misleading in the material particular.

Penalty—

Maximum penalty—$8000.

(3) Subsections (1) and (2) do not apply if the affected person knew, or ought reasonably to have known, that the information was false or misleading in the material particular.

(4) Subsection (1) or (2) does not apply if the information giver gives the information in writing and, when giving the information—

(a) tells the affected person how it is false or misleading; and

(b) if the information giver has the correct information—gives the correct information in writing.

(5) Subsection (1) or (2) applies even if the information was not given in response to, or in purported compliance with, a direction or requirement under this Law.

(6) In a proceeding for an offence against subsection (1) or (2) —

(a) it is enough for a charge to state that the statement made was ‘false or misleading’, without specifying whether it was false or whether it was misleading; and

(b) it is enough for a charge to state that the information given was false or misleading to the information giver’s knowledge, without specifying whether the information giver knew or ought reasonably to have known the information was false or misleading.

(7) In this section—

"information" means information in any form, whether or not in writing.

"material particular" means a particular relating to an element of an offence against this Law that is or could be committed by a person mentioned in paragraph (a) or (b) if the person relies, or were to rely, on the particular—

(a) the responsible person for a heavy vehicle to whom the information is given;

(b) any other responsible person for a heavy vehicle who, at any time, is given the false or misleading information.