LIQUOR CONTROL REFORM ACT 1998 - SECT 118 False or misleading statements

LIQUOR CONTROL REFORM ACT 1998 - SECT 118

S. 118(1) amended by No. 92/2004 s. 23(2)(a).

    (1)     A person must not in, or in relation to, an application or notice under this Act, make a statement that is false or misleading by reason of the inclusion in the statement of false or misleading matter or of the omission from the statement of any material matter.

Penalty:     60 penalty units.

S. 118(2) amended by No. 28/2022 s. 167.

    (2)     It is a defence to a prosecution under subsection (1) for the accused to prove that when the application was made or the notice was given the accused—

        (a)     believed on reasonable grounds that the false matter was true; or

        (b)     believed on reasonable grounds that the misleading matter was not misleading; or

        (c)     in the case of an omission, believed on reasonable grounds that no material had been omitted, being material matter the omission of which would make the statement false or misleading; or

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

Pt 8 Div. 1A (Heading and ss 118A, 118B) inserted by No. 88/2001 s. 7.

Division 1A—Restrictions on the supply of liquor and other alcoholic products

S. 118A inserted by No. 88/2001 s. 7.