ANTI-DISCRIMINATION ACT 1992 - SECT 110A Misleading information
ANTI-DISCRIMINATION ACT 1992 - SECT 110A
Misleading information(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the information is misleading and the person has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the document contains misleading information and the person has knowledge of that circumstance; and
(c) the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant, when giving the information or document:
(a) draws the misleading aspect of the information or document to the person's attention; and
(b) to the extent to which the defendant can reasonably do so – gives the person the information necessary to remedy the misleading aspect of the information or document.
Note for subsection (3)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).