National Consumer Credit Protection Act 2009

CHAPTER 3 - RESPONSIBLE LENDING CONDUCT  

PART 3-6A - MISCELLANEOUS RULES  

Division 3 - Giving misleading information  

SECTION 160D   PROHIBITION ON GIVING MISLEADING INFORMATION ETC.  

Prohibition on giving misleading information etc.

160D(1)    
A person (the giver ) must not, in the course of engaging in a credit activity, give information or a document to another person if the giver knows, or is reckless as to whether, the information or document is:

(a) false in a material particular; or

(b) materially misleading.

Civil penalty: 5,000 penalty units.

Offence

160D(2)    

A person commits an offence if:

(a) the person gives information or a document to another person; and

(b) the person does so in the course of engaging in a credit activity; and

(c) the information or document is false in a material particular or materially misleading.

Criminal penalty: 5 years imprisonment.