Victorian Consolidated Legislation

Funerals Act 2006 - SECT 19

False or misleading statements

19. False or misleading statements



(1) A person must not give information or make a statement that is false or
misleading by reason of the inclusion of any false or misleading matter or the
omission of any material matter-

   (a)  in any application or notice under this Part; or

   (b)  in the provision of details for inclusion in, or amendment of, the
        register of funeral providers or the register of pre-paid funeral
        contracts under this Part.

Penalty: 60 penalty units for a natural person or, in any other case, 120
penalty units.





(2) It is a defence to a prosecution for an offence against subsection (1) if
a person proves that, when the information was given or the statement made,
the person-

   (a)  believed on reasonable grounds-

   (i)  that the false matter was true; or

   (ii) that the misleading matter was not misleading; or

   (iii) in the case of an omission, that no material matter had been omitted;
        or

   (b)  in the case of an omission, did not know that the omitted matter was
        material.

__________________