Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 465

465 .         Offences relating to evidence and documents

        (1)         A person commits an offence if the person —

            (a)         without reasonable excuse, proof of which is on the person, does not swear an oath or make an affirmation when required under section 460(3); or

            (b)         without reasonable excuse, proof of which is on the person, does not answer a question or produce a document when directed to do so under section 460(4); or

            (c)         without reasonable excuse, proof of which is on the person, does not attend before the Tribunal as required by a summons served on the person under section 462; or

            (d)         gives an answer to the Tribunal in a proceeding that the person knows is false or misleading in a material particular; or

            (e)         produces a document or provides any other information to the Tribunal in a proceeding that the person knows is false or misleading in a material particular —

                  (i)         without indicating that the document or other information is false or misleading and, to the extent the person can, how the document or other information is false or misleading; and

                  (ii)         if the person has or can reasonably obtain the correct information — without providing the correct information.

        Penalty: a fine of $5 000.

        (2)         It is enough for a prosecution notice lodged against a person for an offence under subsection (1)(d) or (e) to state that the answer, document or information was false or misleading to the person’s knowledge without stating which.



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