Criminal Law Consolidation (False or Misleading Information) Amendment Act 2019 (SA)

South Australia

Criminal Law Consolidation (False or Misleading Information) Amendment Act 2019

An Act to amend the Criminal Law Consolidation Act 1935.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law Consolidation (False or Misleading Information) Amendment Act 2019.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Criminal Law Consolidation Act 19354Insertion of Part 7 Division 2A

Part 7—after Division 2 insert:

Division 2A—Offences relating to providing false or misleading information to a court

241A—False or misleading information entered into electronic court management system

1. (1)

   A person who enters information into an ECMS knowing that the information is false or misleading is guilty of an offence.

Maximum penalty: $10 000.

1. (2)

   A person who provides information to another person knowing that the information—

   1. (a)

      is false or misleading; and

   2. (b)

      will be, or is likely to be, provided to a court (whether by use of an ECMS or otherwise),

is guilty of an offence.

Maximum penalty: $10 000.

1. (3)

   In this section—

court includes a body prescribed by the regulations;

ECMS means an electronic court management system prescribed by the regulations;

enters information into an ECMS includes—

1. (a)

   uploads information or documents; or

2. (b)

   takes any other action prescribed by the regulations;

information means information, or information of a kind, prescribed by the regulations.