Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 53D

(1) A responsible person for a heavy vehicle (the information giver) must not give another responsible person for a heavy vehicle (the affected person) information the information giver knows, or could reasonably be expected to know, is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(2) Subsection (1) does not apply if the affected person knew, or could reasonably be expected to know, that the information was false or misleading in the material particular.

(3) Also, subsection (1) does not apply if the information giver gives the information in writing and, when giving the information—

(a) tells the affected person, to the best of the information giver's ability, how it is false or misleading; and

(b) if the information giver has, or can reasonably obtain, the correct information—gives the correct information in writing.

(4) It is enough for a complaint against the information giver for an offence against subsection (1) to state that the information given was false or misleading to the information giver's knowledge.

(5) In a prosecution for an offence against subsection (1), the issue of whether a person could reasonably be expected to have known that information was false or misleading must be decided having regard to the person's abilities, experience, qualifications and training, and the circumstances surrounding the offence.

(6) In this section—

information means information in any form, whether or not in writing.

material particular means a particular relating to an element of a relevant offence that is or could be committed by a person mentioned in paragraph (a) or (b) if the person relies, or were to rely, on the particular—

(a) the responsible person for a heavy vehicle to whom the information is given;

(b) any other responsible person for a heavy vehicle who, at any time, is given the false or misleading information.

relevant offence means an offence relating to a heavy vehicle under this Act, other than an offence against subsection (1).