Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the statement is false or misleading; and
(c) the person knows that the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is false or misleading; and
(d) the statement is made in or in relation to an application or claim for a statutory entitlement or a benefit; and
(e) any of the following applies:
(i) the statement is made to the Territory;
(ii) the statement is made to a person who is exercising a function under a territory law;
(iii) the statement is made in compliance or purported compliance with a territory law.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) Absolute liability applies to subsection (1) (e) (i), (ii) and (iii).
(3) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any other way); and
(b) the statement is false or misleading; and
(c) the person is reckless about whether the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is false or misleading; and
(d) the statement is made in or in relation to an application or claim for a statutory entitlement or a benefit; and
(e) any of the following applies:
(i) the statement is made to the Territory;
(ii) the statement is made to a person who is exercising a function under a territory law;
(iii) the statement is made in compliance or purported compliance with a territory law.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) Absolute liability applies to subsection (3) (e) (i), (ii) and (iii).
(5) Subsections (1) (b), (1) (c) (i), (3) (b) and (3) (c) (i) do not apply if the statement is not false or misleading in a material particular.
(6) Subsections (1) (b), (1) (c) (ii), (3) (b) and (3) (c) (ii) do not apply if the omission does not make the statement false or misleading in a material particular.
Note A defendant has an evidential burden in relation to the matters mentioned in s (5) and s (6) (see s 58 (3)).
(7) In this section:
"statutory entitlement" includes an accreditation, approval, assessment, authority, certificate, condition, decision, determination, exemption, licence, permission, permit, registration or other prescribed thing giving a status, privilege or benefit under a law (whether or not required under the law for doing anything).
"Territory"—see section 319.
Note For an alternative verdict provision applying to this offence, see s 374.