Commonwealth Consolidated Acts

DENTAL BENEFITS ACT 2008 - SECT 51

Offence

  (1)   A person (the first person ) commits an offence if:

  (a)   the first person is an employee, associate or agent of another person (the second person ); and

  (b)   the second person makes an oral or written statement (the claim statement ); and

  (c)   the claim statement is false or misleading in a material particular; and

  (d)   the claim statement is capable of being used in connection with a claim for dental benefit; and

  (e)   the material particular in respect of which the claim statement is false or misleading is substantially based upon another statement (the employee statement ); and

  (f)   the employee statement was made by the first person:

  (i)   to the second person; or

  (ii)   to an agent of the second person; and

  (g)   the employee statement was false or misleading in a material particular.

Penalty:   20 penalty units.

Strict liability

  (2)   An offence under subsection   (1) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Prosecution--time limit

  (3)   Despite section   15B of the Crimes Act 1914 , a prosecution for an offence under this section must be instituted within 3 years after the time at which the claim statement is alleged to have been made.