Northern Territory Numbered Regulations

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WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019 (NO 27 OF 2019) - REG 52

Misleading information

    (1)     A person commits an offence if:

(a)     the person intentionally gives information to another person; and

(b)     the other person is an officer; and

(c)     the information is misleading and the person has knowledge of that circumstance; and

(d)     the officer is acting in an official capacity and the person has knowledge of that circumstance.

Maximum penalty:     20 penalty units.

    (2)     A person commits an offence if:

(a)     the person intentionally gives a document to another person; and

(b)     the other person is an officer; and

(c)     the document contains misleading information and the person has knowledge of that circumstance; and

(d)     the officer is acting in an official capacity and the person has knowledge of that circumstance.

Maximum penalty:     20 penalty units.

    (3)     Strict liability applies to clauses (1)(b) and (2)(b).

    (4)     It is a defence to a prosecution for an offence against clause (2) if the person, when giving the document:

(a)     draws the misleading aspect of the document to the officer's attention; and

(b)     to the extent to which the person can reasonably do so – gives the officer the information necessary to remedy the misleading aspect of the document.

    (5)     In this by-law:

"acting in an official capacity", in relation to an officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, these By-laws.

"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.



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