• Specific Year
    Any

MOTOR VEHICLES ACT 1959 - SECT 135

MOTOR VEHICLES ACT 1959 - SECT 135

135—False statements

        (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.