It is an offence to provide misleading information or documents to the Independent Commissioner Against Corruption or a person you know is acting in an official capacity. In accordance with section 154 of the ICAC Act:
1. A person commits an offence if:
- the person intentionally gives information to another person; and
- the information is misleading and the person has knowledge of that circumstance; and
- the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
2. A person commits an offence if:
- the person intentionally gives a document to another person; and
- the document contains misleading information and the person has knowledge of that circumstance; and
- the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty:400 penalty units or imprisonment for 2 years.
3. Subsection (2) does not apply if the person, when giving the document:
- draws the misleading aspect of the document to the other person's attention; and
- to the extent to which the person can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the document.
Providing misleading information to the ICAC may also impact on protected actions.
In accordance with section 92 of the ICAC Act:
1. A person takes protected action if:
- the person, being an individual, makes a protected communication; or
- the person (whether or not an individual) takes another action in the course of, or for the purpose of:
- complying with this Act; or
- cooperating with a person or body performing functions under this Act.
A person’s action or communication will not be protected if it is found that the information provided is untrue or misleading.
For details about misleading information, go to section 154 of the ICAC Act.