Giving False or Misleading Information is an offence under section 307B of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You gave information to another person
- The information was false or misleading, or omitted a matter or thing without which it was misleading
- You knew the information was misleading, and
- The information was given to a public authority, or was given to a person exercising or performing a power, authority, duty or function under or in connection with any NSW law, or was given in compliance or purported compliance with any NSW law.
The information is only ‘misleading’ if it is false or misleading in a material particular.
You cannot be found guilty of the offence if you are able to establish, on the balance of probabilities, that the information was given to a public authority, or a person exercising a power, authority, duty or function under a NSW law, and, before you gave the information, the public authority or person described failed to take reasonable steps to inform you that giving false or misleading information is an offence.
Duress is a defence to the charge.