LIQUOR CONTROL ACT 1988 - SECT 159
LIQUOR CONTROL ACT 1988 - SECT 159
159 . False or misleading statements and records, offence
(1) A person who in,
or in relation to, any —
(a)
application, objection or matter to be determined by the licensing authority;
or
(b)
return or other record required, kept, provided or produced under or for the
purposes of this Act,
makes 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 matter that is
required or may be material, commits an offence.
Penalty: a fine of $10 000.
(2) It is a defence to
a prosecution of a person for an offence under subsection (1) if the 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, with
intent to falsify or destroy the record, by act or omission alters or destroys
any record required to be kept, provided or produced under this Act commits an
offence.
Penalty: a fine of $10 000.
[Section 159 amended: No. 73 of 2006 s. 110; No.
56 of 2010 s. 69; No. 25 of 2023 s. 21(2).]