40—False statements in applications for appointment
(1) A person must not
make a false statement in connection with an application for appointment under
this Act.
Maximum penalty: $2 500 or 6 months imprisonment.
(2) In a prosecution
for an offence against subsection (1), it is not necessary for the
prosecution to prove that the false statement was made wilfully or
negligently, but it is a defence to prove that the defendant believed on
reasonable grounds that the statement was true.
(3) If a person who
has contravened subsection (1) is appointed as a protective security
officer, the contravention will be taken to constitute a breach of the Code
and may be dealt with as such—
(a)
despite the fact that the person was not a protective security officer at the
time of the contravention; and
(b)
whether or not the person is prosecuted for an offence against
subsection (1).