South Australian Numbered Acts

STATUTES AMENDMENT (TRANSPORT PORTFOLIO) ACT 2005 (NO 53 OF 2005) - SECT 13

13—Insertion of section 165

After section 164B insert:

165—False statement

        (1)         A person must not in furnishing information, or compiling a record, pursuant to this Act make, or include in the record, a statement that is false or misleading in a material particular.

Penalty: $2 500 or imprisonment for 6 months.

        (2)         On a charge of an offence under subsection (1), it is not necessary for the prosecutor to prove the state of mind of the defendant, but the defendant is entitled to be acquitted if the defendant proves that when making the statement he or she believed and had reasonable grounds for believing it was true.

        (3)         This section applies to written and oral statements, and in respect of written and oral applications and requests.