(1) In this section
—
false or misleading information means, subject to
subsection (2), information provided, whether in documentary or any other form
—
(a) that
relates to the affairs of a GTE (including information as to the state of
knowledge of the person providing it with respect to the affairs of the GTE);
and
(b) that
—
(i)
is false or misleading in a material particular; or
(ii)
has omitted from it a matter or thing, the omission of
which renders the information misleading in a material respect;
provide , in relation to information, means
—
(a) make
available or furnish the information; and
(b)
authorise or permit the making available or furnishing of the information;
relevant official , in relation to a GTE, means
(a) the
Treasurer, the GTE Minister or the GTE’s Portfolio Minister; or
(b) a
director or auditor of the GTE.
(2) In determining
whether information provided to a relevant official is false or misleading
information, if it is provided in response to a question asked by that
relevant official the question and the information must be considered
together.
(3) A director, chief
executive officer or executive officer of a GTE who provides information to a
relevant official that, to the knowledge of the director, chief executive
officer or executive officer, is false or misleading information commits an
offence.
Penalty for this subsection: imprisonment for 2
years and a fine of $10 000.
(4) A director, chief
executive officer or executive officer of a GTE who provides information to a
relevant official that is false or misleading information without having taken
reasonable steps to ensure that it is not false or misleading information
commits an offence.
Penalty for this subsection: imprisonment for 1
year and a fine of $5 000.