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Last Updated: 21 March 2018
AN ACT TO REPEAL THE PENAL CODE AND MAKE COMPREHENSIVE PROVISION IN RELATION TO THE ELEMENTS OF CRIMINAL RESPONSIBILITY AND TO PRESCRIBE A RANGE OF CRIMINAL OFFENCES, AND FOR RELATED PURPOSES
[CR 332] False or misleading statements in applications332
332
- (a)makes a statement (whether orally, in a document or in any other way); and
- (b)does so knowing that the statement—
- (i)is false or misleading; or
- (ii)omits any matter or thing without which the statement is misleading; and
- (c)the statement is made in, or in connection with—
- (i)an application for a passport, licence, permit or authority; or
- (ii)an application for registration; or
- (iii)an application or claim for a benefit; and
- (d)any of the following subparagraphs applies—
- (i)the statement is made to a Government entity;
- (ii)the statement is made to a person who is exercising powers or performing functions under, or in connection with, any law;
- (iii)the statement is made in compliance or purported compliance with any law
Penalty — Imprisonment for 2 years.
(2) Absolute liability applies to each of the subsection (1)(d)(i), (ii) and (iii) elements of the offence.
(3) A person commits a summary offence if he or she—
- (a)makes a statement (whether orally, in a document or in any other way); and
- (b)does so reckless as to whether the statement—
- (i)is false or misleading; or
- (ii)omits any matter or thing without which the statement is misleading; and
- (c)the statement is made in, or in connection with—
- (i)an application for a passport, licence, permit or authority; or
- (ii)an application for registration; or
- (iii)an application or claim for a benefit; and
- (d)any of the following subparagraphs applies—
- (i)the statement is made to a Government entity;
- (ii)the statement is made to a person who is exercising powers or performing functions under, or in connection with, any law;
- (iii)the statement is made in compliance or purported compliance with any law.
Penalty — Imprisonment for one year.
(4) Absolute liability applies to each of the subsection (3)(d)(i), (ii) and (iii) elements of the offence.
(5) Subsection (3) does not apply as a result of subsection (3)(b)(i) if the statement is not false or misleading in a material particular.
(6) Subsection (3) does not apply as a result of subsection (3)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
(7) If, in a prosecution for an offence against subsection (1), the court is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (3), the court may find the defendant not guilty of the offence against subsection (1) but guilty of the offence against subsection (3).