Queensland Numbered Acts

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LOCAL GOVERNMENT ACT 2009 No. 17 - SECT 58

58 False or misleading information

(1) This section applies to an employee of a corporate entity in the exercise of the powers, and the discharge of the responsibilities, of an employee of the corporate entity.

(2) An employee of a corporate entity commits an offence if the employee gives information (either orally or in a document) about the corporate entity's affairs, that the employee knows is false or misleading in a material particular, to any of the following persons--

(a) another employee of the corporate entity;
(b) the corporate entity's shareholder;
(c) the corporate entity's local government;
(d) a councillor of the corporate entity's local government.

Maximum penalty--

(a) if the offence was committed with an intent to defraud--500 penalty units or 5 years imprisonment; or
(b) otherwise--100 penalty units.

(3) However, the employee does not commit an offence in relation to information in a document if, when the employee gives the document to the other person--

(a) the employee tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and
(b) if the employee has, or can reasonably obtain, the correct information--the employee gives the other person the correct information.


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