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False Or Misleading Information Provided Under The Transport Act

What the law says

Section 53 of the Transport Operations (Road Use Management) Act Queensland states:

(2) A person must not give, for a transport Act, an official a document containing information the person knows is false or misleading in a material particular.

(3) Subsection (2) does not apply to a person if the person, when giving the document-

  • (a)     informs the official, to the best of the person's ability, how it is false or misleading; and
  • (b)     if the person has, or can reasonably obtain, the correct information-gives the correct information.

(4) It is enough for a complaint against a person for an offence against subsection (2) to state that the information given was false or misleading to the person's knowledge.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

(1) The accused gave a document to Queensland Transport or Police; AND

(2) That document was provided pursuant to:

(a) the Transport Operations (Road Use Management) Act Queensland (or its regulations); OR

(b) the Motor Vehicle Accident Insurance Act Queensland (or its regulations); AND

(3) That document contained information that was false or misleading; AND

(4) The information that was false or misleading was in respect of a material particular; AND

(5) The accused knew or believed that information contained in that document was false or misleading.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

Maximum penalty:

(a) if the information relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transportation of dangerous goods - 100 penalty units; OR

(b) otherwise 60 penalty units.

Penalty unit = $100.00

Which court will hear the matter

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

Possible defences

Possible defences to this offence include but are not limited to

1. You never in fact gave any document to Queensland Transport or Police.

2. You never in fact provided a document to Queensland Transport or Police pursuant to the Transport Operations (Road Use Management) Act Queensland (or its regulations) or the Motor Vehicle Accident Insurance Act Queensland (or its regulations).

3. The information in the document was in fact true and presented in a manner that accurately portrayed the true meaning of the information.

4. The false or misleading information was not in respect of a material particular.

5. You were unaware that the information was false or misleading and believed the information to be true and presented in a manner that accurately portrayed the true meaning of the information.

6. Reasonable Excuse - where you inform Queensland Transport or the Police officer how the information in the document is false or misleading and gave the correct information.

7. Duress - example: there was a threat of harm to the accused or another person that the accused reasonably believed would be carried out if he/she did not do give the document that contained false or misleading information.

8. Insanity.

Identification i.e. the offender was not the accused.

 

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