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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).]