SAFETY IN RECREATIONAL WATER ACTIVITIES ACT 2011 - SECT 38
Offence to give false or misleading information
SAFETY IN RECREATIONAL WATER ACTIVITIES ACT 2011 - SECT 38
Offence to give false or misleading information
38 Offence to give false or misleading information
(1) A person must not give information in complying or purportedly complying
with this Act 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.
Penalty—
Maximum penalty—100 penalty
units.
(2) A person must not produce a document in complying or purportedly
complying with this Act that the person knows to be false or misleading in a
material particular without—
(a) indicating how it is false or misleading
and, if practicable, providing correct information; or
(b) accompanying the
document with a written statement signed by the person or, in the case of a
body corporate, by a competent officer of the body corporate—
(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.
Penalty—
Maximum
penalty—100 penalty units.
(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.