Victorian Consolidated Legislation

Introduction Agents Act 1997 - SECT 37

Offence to give false information

37. Offence to give false information



(1) A person must not in, or in relation to, any document given to the
Authority under section 15, 35 or 36 give information, or make a statement,
that is false or misleading by reason of-

   (a)  any false or misleading matter; or

   (b)  the omission of any material matter.

Penalty: 300 penalty units.

(2) It is a defence to a charge under subsection (1) if the person charged
proves-

   (a)  that at the time the information was given, or the statement was made,
        she, he or it-

   (i)  believed that the false matter was true or that the misleading matter
        was not misleading; or

   (ii) in the case of an omission-

                (A)  believed on reasonable grounds that no material matter
                     had been omitted; or

                (B)  did not know that the omitted matter was material; and

   (b)  that she, he or it notified the Authority of the false or misleading
        matter or omission as soon as possible after becoming aware of it.