National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-6 - OFFENCES UNDER THIS CHAPTER  

Division 2 - Offences  

SECTION 291   FALSE INFORMATION  

291(1)    

A person must not:

(a) in purported compliance with a requirement made under this Chapter; or

(b) in the course of an examination of the person;

give information, or make a statement, that is false or misleading in a material particular.

Criminal penalty: 5 years imprisonment.

291(2)    

A person must not, at a hearing, give evidence that is false or misleading in a material particular.

Criminal penalty: 2 years imprisonment.

291(3)    
It is a defence to a prosecution for a contravention of subsection (1) or (2) if it is proved that the defendant, when giving the information or evidence or making the statement, believed on reasonable grounds that it was true and not misleading.

Note:

A defendant bears a legal burden in relation to the matter in subsection (3) (see section 13.4 of the Criminal Code ).