OMBUDSMAN ACT 2009 - SECT 123 Misleading information or document
OMBUDSMAN ACT 2009 - SECT 123
Misleading information or document(1) A person must not give misleading information to a person acting in an official capacity.
Fault elements:
The person knows:
(a) the information is misleading; and
(b) the other person is acting in an official capacity.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person must not give a document containing misleading information to a person acting in an official capacity.
Fault elements:
The person knows:
(a) the document contains misleading information; and
(b) the other person is acting in an official capacity.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the other person's attention; and
(b) to the extent to which the defendant can reasonably do so – gives the other person the information necessary to correct the document.
(4) In this section:
"misleading information" means information that is misleading in a material particular because it:
(a) does not include relevant information; or
(b) includes misinformation.