Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 159

False or misleading statements

  (1)   A person who:

  (a)   makes a statement to an officer that the person knows is false or misleading in a material particular; or

  (b)   omits from a statement made to an officer any matter or thing without which the statement is, to the knowledge of the person, misleading in a material particular;

commits an offence punishable on conviction by imprisonment for a period not exceeding 6 months.

  (2)   In a prosecution of a person for an offence against subsection   (1), if, having regard to:

  (a)   the person's abilities, experience, qualifications and other attributes; and

  (b)   all the circumstances surrounding the alleged offence;

the person ought reasonably to have known that the statement to which the prosecution relates was false or misleading in a material particular, the person is to be taken to have known that the statement was false or misleading in a material particular.

  (3)   A reference in subsection   (1) to a statement made to an officer is a reference to a statement made to a person exercising powers under or in relation to this Act, whether the statement is made orally, in a document or in any other form, and includes, for example, a statement:

  (a)   made in an application, form, notification, appeal or other document made, given or lodged, or purporting to be made, given or lodged, under this Act; or

  (b)   made in answer to a question asked of the person under this Act; or

  (c)   made in any information given, or purporting to be given, under this Act.



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