§ 59 — Offence of providing false information, etc., in connection with ASA or Guardian-in-Adoption’s affidavit

59.—(1) If —(a)

a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to —(i)

the Guardian-in-Adoption —(A)

in connection with the discharge of the functions or duties, or the exercise of the powers, of the Guardian‑in‑Adoption under section 15, 17, 19, 27 or 29;

(B)

pursuant to a duty imposed on that person under section 22(2) or 30 to notify the Guardian‑in‑Adoption of a material change in circumstances; or

(C)

pursuant to an order of the court under section 34(1); or

(ii)

an authorised adoption agency —(A)

in connection with the discharge of the functions or duties, or the exercise of the powers, of the authorised adoption agency under section 14, 15, 19 or 29; or

(B)

pursuant to a duty imposed on that person under section 22(1) or (2) to notify the authorised adoption agency of a material change in circumstances; and

(b)

the document, statement or information is false or misleading, or the document, statement or information omits a matter or thing without which the document, statement or information (as the case may be) is false or misleading,

the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the document, statement or information did not omit any matter or thing without which the document, statement or information (as the case may be) is false or misleading in a material particular.

(3) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person has taken all reasonable steps to ensure the authenticity or accuracy of the document, statement or information.

—(1) If —(a)

a person provides a document or makes a statement (whether orally, in writing or any other way) or gives information to —(i)

the Guardian-in-Adoption —(A)

in connection with the discharge of the functions or duties, or the exercise of the powers, of the Guardian‑in‑Adoption under section 15, 17, 19, 27 or 29;

(B)

pursuant to a duty imposed on that person under section 22(2) or 30 to notify the Guardian‑in‑Adoption of a material change in circumstances; or

(C)

pursuant to an order of the court under section 34(1); or

(ii)

an authorised adoption agency —(A)

in connection with the discharge of the functions or duties, or the exercise of the powers, of the authorised adoption agency under section 14, 15, 19 or 29; or

(B)

pursuant to a duty imposed on that person under section 22(1) or (2) to notify the authorised adoption agency of a material change in circumstances; and

(b)

the document, statement or information is false or misleading, or the document, statement or information omits a matter or thing without which the document, statement or information (as the case may be) is false or misleading,

the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2) Subsection (1) does not apply if the document, statement or information is not false or misleading in a material particular, or if the document, statement or information did not omit any matter or thing without which the document, statement or information (as the case may be) is false or misleading in a material particular.

(3) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person has taken all reasonable steps to ensure the authenticity or accuracy of the document, statement or information.