Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the other person is an official; and
(c) the information is misleading and the person has knowledge of that circumstance; and
(d) the official is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the other person is an official; and
(c) the document contains misleading information and the person has knowledge of that circumstance; and
(d) the official is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the official's attention; and
(b) to the extent to which the person can reasonably do so – gives the official the information necessary to remedy the misleading aspect of the document.
(5) In this section:
"acting in an official capacity", in relation to an official, means the official is exercising authority under, or otherwise related to the administration of, this Act.
"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.
"official "means:
(a) the Public Guardian, a delegate of the Public Guardian or a member of the Public Guardian's staff under section 73 ; or
(b) the Public Trustee, a delegate of the Public Trustee or a member of the Public Trustee's staff.