Part 8

Enforcement

Sanctions and offences etc

Offences
78

Destroying or falsifying information
1
A person commits an offence if the person—
a
intentionally or recklessly destroys or otherwise disposes of relevant information,
b
falsifies or conceals relevant information, or
c
causes or permits the destruction, disposal, falsification or concealment of relevant information.
2
In subsection (1), “relevant information” means information the person is required, under or by virtue of this Act, to give to—
a
the IFR, or
b
an expert reporter appointed under section 66.

False or misleading information
3
A person commits an offence if—
a
the person gives information to—
i
the IFR in connection with any of its functions under this Act, or
ii
an expert reporter appointed under section 66 in connection with the preparation of a report under that section,
b
the information is false or misleading in a material particular, and
c
the person knows or is reckless as to whether that is the case.
4
A person commits an offence if the person gives information to another person which is false or misleading in a material particular and the person—
a
knows that the information is false or misleading in a material particular or is reckless as to whether that is the case, and
b
knows that the information will be given to—
i
the IFR in connection with any of its functions under this Act, or
ii
an expert reporter appointed under section 66 in connection with the preparation of a report under that section.

Obstruction
5
A person commits an offence if the person intentionally obstructs an officer of the IFR acting in the exercise of the officer’s powers under a warrant issued under paragraph 3 of Schedule 8.

Penalties
6
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine, or to both.

Interaction with sanctions under section 75
7
A person may not be found guilty of an offence under this section by virtue of an act or omission if the IFR has taken action under Schedule 9 in relation to the person in relation to that act or omission.