MOTOR VEHICLES ACT 1959 - SECT 135
MOTOR VEHICLES ACT 1959 - SECT 135
(1) A person must not
in furnishing information, or compiling a record, pursuant to this Act make,
or include in the record, a statement that is false or misleading in a
material particular.
Maximum penalty: $5 000 or imprisonment for 6 months.
(2) On a charge of an
offence under subsection (1), it is not necessary for the prosecutor to
prove the state of mind of the defendant, but the defendant is entitled to be
acquitted if the defendant proves that when making the statement the defendant
believed and had reasonable grounds for believing it was true.
(3) This section
applies to written and oral statements, and in respect of written and oral
applications and requests.
(4) Where, in
pursuance of a false statement made by a person, the Registrar has refunded
any money paid under this Act—
(a) the
court may, in any proceedings against that person for an offence against this
section, in addition to any penalty, order the defendant to pay to
the Registrar the money so refunded; or
(b)
the Registrar may recover the money from that person as a debt in any court of
competent jurisdiction.
(5) A prosecution for
an offence against subsection (1) may be commenced at any time within 2
years after the date of the alleged commission of the offence or, with the
authorisation of the Attorney-General, at a later time within 5 years after
the date of the alleged commission of the offence.
(6) An apparently
genuine document purporting to be signed by the Attorney-General and to
authorise the commencement of proceedings for an offence against
subsection (1) will be accepted in any legal proceedings, in the absence
of proof to the contrary, as proof of the authorisation.