Hi all, newbie here, so I hope I'm in the right place. My question relates to s307c of the NSW Crimes Act:
My question is, what exactly does "compliance or purported compliance with a law of the State" mean?
Using the NSW Residential Tenancies Act (the "RTA") as an example, there several ways to look at it:
1. The RTA allows for one party to issue a Notice of Termination to the other party. This can be done for breaching the agreement under various sections of the RTA. Therefore, when such a notice is issued, it is done so in compliance with the RTA because the RTA applies to all residential tenancy agreements.
(Compliance is based on legislation enabling the issuing of the document for a specific purpose under that legislation.)
2. Another way to look at it, is that the RTA requires that a Notice of Termination must contain certain information; for example
(Compliance is based on legislation requiring that the document contain mandatory information.)
3. The final example relates to Condition Reports. The RTA requires that two copies of the Condition Report are to be given to the tenant at the start of the tenancy. The tenant is then required to complete the report and give one copy back to the landlord. Because the RTA requires this for all new agreements, the documents are produced in compliance with a law of the State.
(Compliance is based on legislation requiring that the document be issued in all cases.)
Which is the correct interpretaion for the purpose of s307c of the Crimes Act, or are all of them correct?
307C False or misleading documents
(1) A person is guilty of an offence if:
(1) A person is guilty of an offence if:
(a) the person produces a document to another person, and
(b) the person does so knowing that the document is false or misleading, and
(c) the document is produced in compliance or purported compliance with a law of the State.
(b) the person does so knowing that the document is false or misleading, and
(c) the document is produced in compliance or purported compliance with a law of the State.
My question is, what exactly does "compliance or purported compliance with a law of the State" mean?
Using the NSW Residential Tenancies Act (the "RTA") as an example, there several ways to look at it:
1. The RTA allows for one party to issue a Notice of Termination to the other party. This can be done for breaching the agreement under various sections of the RTA. Therefore, when such a notice is issued, it is done so in compliance with the RTA because the RTA applies to all residential tenancy agreements.
(Compliance is based on legislation enabling the issuing of the document for a specific purpose under that legislation.)
2. Another way to look at it, is that the RTA requires that a Notice of Termination must contain certain information; for example
the section of the RTA that the breach relates to, and
the date by which the tenant is required to give vacation possession.
Therefore, if the document contains the mandatory information as required by the RTA, then it has been issued in compliance with the RTA.the date by which the tenant is required to give vacation possession.
(Compliance is based on legislation requiring that the document contain mandatory information.)
3. The final example relates to Condition Reports. The RTA requires that two copies of the Condition Report are to be given to the tenant at the start of the tenancy. The tenant is then required to complete the report and give one copy back to the landlord. Because the RTA requires this for all new agreements, the documents are produced in compliance with a law of the State.
(Compliance is based on legislation requiring that the document be issued in all cases.)
Which is the correct interpretaion for the purpose of s307c of the Crimes Act, or are all of them correct?