Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who in,
or in relation to, any —
(a)
application, disciplinary proceedings or matter to be determined by the CEO;
or
(b)
return or other record required, made, maintained, kept or produced under or
for the purposes of this Act,
makes a statement
that —
(c) is
false or misleading in a material particular; or
(d) has
omitted from it a matter or thing the omission of which renders the
information misleading in a material respect,
commits an offence.
Penalty: $5 000.
(2) It is a defence to
a prosecution of a person for an offence under subsection (1) if that
person proves that when the statement was made the person —
(a)
believed on reasonable grounds that the false matter was true;
(b)
believed on reasonable grounds that the misleading matter was not misleading;
(c) in
the case of an omission, believed on reasonable grounds —
(i)
that no material had been omitted, being material matter
the omission of which would make the statement false or misleading; or
(ii)
that the omitted matter was not material.
(3) A person who, by
an act intended to falsify or destroy the record, alters or destroys any
record required, made, maintained, kept or produced under this Act commits an
offence.
Penalty: $5 000.
[Section 50 amended by No. 55 of 2004
s. 540; No. 28 of 2006 s. 270(1).]