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False or misleading applications

Offence title:

 

False or misleading applications

Act:

 

307A Crimes Act (NSW)

Offence:

(1)   A person who:

(a)   Makes a statement, orally, in writing, or any other way, and

(b)   Does so knowing or being reckless as to whether the statement,

                                           i.         Is false or misleading, or

                                         ii.         Because of an omission becomes misleading, and

(c)    The statement is made in connection with an application for an authority or benefit, and

(d)   Any of the following apply to whom the statement is made:

                                           i.         A public authority,

                                         ii.         A person who exercises or performs any power, authority, duty or function under or in connection with, a law of the State,

                                        iii.         In compliance or purported compliance with law of the State.

 

Penalty:

 

Imprisonment for 2 years

Summary/Indictable/mixed:

 

Summary

Jurisdiction:

 

Local Court

How committed:

 

A person completes an application for a security licence, knowing they have left out details, which were they declared, would make the person ineligible for the licence.

 

Important note:

Defence:

 

(2)   ss.1 does not apply unless the statement for (1)(b)(i) is false or misleading in a material particular.

 

(3)   ss.1 does not apply unless the statement for (1)(b)(ii) unless the statement did not omit any matter or thing without which the statement is misleading in a material particular.

 

(4)   The accused has the burden of proving (2) and (3).

 

application means any claim, request or other form of application and also includes, in the case of an application for an authority, any application for the issue, grant, amendment, transfer, renewal, restoration or replacement of the authority and any other application in connection with the authority.

 

authority means any licence, permit, consent, approval, registration or other form of authority.

 

benefit means any advantage and is not limited to property.

 

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