RAIL SAFETY NATIONAL LAW (NSW) - SECT 226
Offence to give false or misleading information
RAIL SAFETY NATIONAL LAW (NSW) - SECT 226
Offence to give false or misleading information
226 Offence to give false or misleading information
(1) A person must not give information in complying or purportedly complying
with this Law that the person knows--
(a) to be false or misleading in a
material particular; or
(b) omits any matter or thing without which the
information is misleading.
: Maximum penalty--
(a) in the case of an
individual--$20 000;
(b) in the case of a body corporate--$100 000.
(2) A
person must not produce a document in complying or purportedly complying with
this Law that the person knows to be false or misleading in a material
particular without--
(a) indicating the respect in which it is false or
misleading and, if practicable, providing correct information; or
(b)
accompanying the document with a written certificate--
(i) stating that the
document is, to the knowledge of the first-mentioned person, false or
misleading in a material particular; and
(ii) setting out, or referring to,
the material particular in which the document is, to the knowledge of the
first-mentioned person, false or misleading.
: Maximum penalty--
(a) in the
case of an individual--$20 000;
(b) in the case of a body corporate--$100
000.
(3) Subsection (2) places an evidential burden on the accused to show
that the accused had indicated the extent to which the document was false or
misleading or that the accompanying document sufficiently explained the extent
to which the document was false or misleading.
