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False or misleading information

Offence title:

 

False or misleading information

Act:

 

307B Crimes Act (NSW)

Offence:

(1)   A person who:

(a)   Gives information to another,

(b)   Knowing it is,

                                           i.         False or misleading, or

                                         ii.         Omits something without which, it is misleading, and

(c)    Either of the following apply, the information is given to:

                                           i.         to a public authority,

                                         ii.         to a person exercising or performing any power, authority, duty or function under, or in connection with State law,

                                        iii.         in compliance or purported compliance with a State law.

 

Penalty:

 

Imprisonment for 2 years, or a fine of 200 penalty units, or both

Summary/Indictable/mixed:

 

Summary

Jurisdiction:

 

Local Court

How committed:

 

A person makes an application for a driving licence without stating they have driven in NSW on an international licence for a number of years and have accrued points and fines on that international licence.

 

Important note:

Defence:

 

The information for (1)(b)(i) must be false or misleading in a material particular.

 

The information for (1)(b)(ii) must omit something that without which, leaves the statement false and misleading.

 

Subsection (1) does not apply for the purposes of (1)(c)(i) if the information was given to a public authority and the public authority did not take reasonable steps to warn of the offence in ss. (1).

 

Subsection (1) does not apply for the purposes of (1)(c)(ii) if, before the information was given to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to warn the person of the existence of the offence against ss (1).

 

The burden is on the accused to prove the above.

 

For the purposes of warning about the offence for (1)(c)(i) or (ii), it is sufficient if the person is told:

 

“Giving false or misleading information is a serious offence.”

 

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