Part 5Offences#

52False or misleading statements#

In this section—

official
means the chief executive, the commissioner, an authorised officer, an accredited person or the SPEA administering authority for a camera-detected offence.
transport Act
does not include the Tow Truck Act 2023.

A person must not, in relation to the administration of a transport Act, state anything to an official that the person knows is false or misleading in a material particular.

Maximum penalty—

  1. (a)if the statement relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or
  2. (b)if paragraph (a) does not apply and the statement is made in an online declaration under section 114—60 penalty units or 2 years imprisonment; or
  3. (c)otherwise—60 penalty units.

It is enough for a complaint against a person for an offence against subsection (2) to state that the statement made was false or misleading to the person’s knowledge.

53False or misleading documents, generally#

In this section—

official
means the chief executive, the commissioner, an authorised officer, an accredited person or the SPEA administering authority for a camera-detected offence.
transport Act
does not include the Tow Truck Act 2023.

A person must not, in relation to the administration of a transport Act, give an official a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—

  1. (a)if the document relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or
  2. (b)if paragraph (a) does not apply and the document is, or is part of, an online declaration under section 114—60 penalty units or 2 years imprisonment; or
  3. (c)otherwise—60 penalty units.

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

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

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.

53AProof of giving false and misleading statements and documents#

  1. (1)This section applies to a proceeding for an offence against section 52 or 53.
  2. (2)It is sufficient proof the statement was made, or the document was given, to the official to prove it was made or given to a person authorised to receive it.
  3. (3)It does not matter whether the person was an official or whether the authorisation was a delegation, agency or any other form of authorisation by which someone acts through another.

54Obstructing authorised officers or accredited persons#

  1. (1)A person must not obstruct an official in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty— (a) if paragraph (b) does not apply—60 penalty units; or (b) if the official is an authorised officer exercising a power in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—80 penalty units.
  2. (2)If a person has obstructed an official under subsection (1) and the official decides to exercise the power, the official must, if practicable, warn the person— (a) that the official considers the person’s conduct is obstructing the official; and (b) that it is an offence to obstruct the official unless the person has a reasonable excuse.
  3. (3)In this section—
obstruct
obstruct includes abuse, hinder, insult, intimidate, resist and threaten and attempt to obstruct.
official
official means an authorised officer or accredited person.

55Pretending to be an authorised officer or accredited person#

A person must not pretend to be— (a) an authorised officer; or (b) an accredited person. Maximum penalty— (a) for paragraph (a)—100 penalty units; or (b) for paragraph (b)—60 penalty units.

56Using documents voided for nonpayment#

  1. (1)This section applies if— (a) a person (the applicant) pays the fee for a licence or other document under a transport Act, or the fee for an application for a licence or other document under a transport Act, by cheque or another method of payment; and (b) the licence or other document is issued to the applicant.
  2. (1A)However, this section does not apply in relation to a licence or other document prescribed by regulation.
  3. (2)If the cheque or payment is not honoured on presentation or is later dishonoured— (a) the licence or document is void from the day it was issued; and (b) the applicant must, on demand by the chief executive or commissioner, immediately give the licence or document to the department or a police officer.
  4. (3)If, after the demand— (a) the applicant fails to immediately give the licence or document to the department or a police officer; or (b) the applicant uses, continues to use, or allows someone else to use, the licence or document; or (c) a person other than the applicant (the other person) uses, continues to use, or allows someone else to use, the licence or document; the applicant and the other person commit an offence. Maximum penalty—60 penalty units.
  5. (4)It is a defence for the other person to prove he or she did not know a demand had been made under subsection (2)(b).
  6. (5)If the State incurs expense because a cheque or payment is not honoured or is later dishonoured— (a) the applicant must reimburse the expense; and (b) the amount of the expense may be recovered as a debt payable by the applicant to the State.

57Executive officer may be taken to have committed offence#

  1. (1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
  2. (2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.
  3. (3)This section does not affect either of the following— (a) the liability of the corporation for the offence against the deemed executive liability provision; (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.
  4. (4)In this section—
deemed executive liability provision
deemed executive liability provision means any of the following provisions— • section 153A(1) • section 154(3) • section 154(4) • section 154(6) • section 156(2) • section 160(3) • section 161Q.

57AResponsibility for acts or omissions of representatives#

  1. (1)This section applies in a proceeding for an offence against a transport Act.
  2. (2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind.
  3. (3)An act for a person done, or omitted to be done, by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person unless the person proves— (a) if the person was in a position to influence the representative’s conduct in relation to the act or omission—the person took all reasonable steps to prevent the act or omission; or (b) the person was not in a position to influence the representative’s conduct in relation to the act or omission.

In this section— representative means— (a) for a corporation—an executive officer, employee or agent of the corporation; or (b) for an individual—an employee or agent of the individual.

Source: TORUM Act 1995 · pages 123–129 Open PDF at this page Search this document