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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 291 False information

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 291

False information

  (1)   A person must not:

  (a)   in purported compliance with a requirement made under this Chapter; or

  (b)   in the course of an examination of the person;

give information, or make a statement, that is false or misleading in a material particular.

Criminal penalty:   5 years imprisonment.

  (2)   A person must not, at a hearing, give evidence that is false or misleading in a material particular.

Criminal penalty:   2 years imprisonment.

  (3)   It is a defence to a prosecution for a contravention of subsection   (1) or (2) if it is proved that the defendant, when giving the information or evidence or making the statement, believed on reasonable grounds that it was true and not misleading.

Note:   A defendant bears a legal burden in relation to the matter in subsection   (3) (see section   13.4 of the Criminal Code ).

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