Section 109 — False or misleading information, etc.

(1)A person commits an offence if —

(a)the person gives information or material or produces a document to a competent authority;

(b)the person does so in response to a notice given to the person under section 108;

(c)either —

(i)the information or material or the document is false or misleading in a material particular; or

(ii)the information or material omits any matter or thing without which the information or material is misleading in a material particular; and

(d)the person knew that —

(i)the information or document is false or misleading in a material particular; or

(ii)the information omits any matter or thing without which the information is misleading in a material particular.

(2)A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

(3)A person commits an offence if —

(a)the person gives information or material or produces a document to a competent authority;

(b)the person does so in response to a notice given to the person under section 108; and

(c)either —

(i)the information or material or the document is false or misleading in a material particular; or

(ii)the information or material omits any matter or thing without which the information or material is misleading in a material particular.

(4)A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $5,000.

(5)In proceedings for an offence under subsection (3) in relation to any information or material which is required by a notice under section 108 to be given, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that —

(a)the information or material was not false or misleading in a material particular; or

(b)the information or material did not contain any omission which would have made the information or material misleading in a material particular.

(6)An offence under subsection (3) is a strict liability offence.