Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person shall not make, or authorise the making of, a statement (whether oral or in writing) that is:
(a) false or misleading in a material particular; and
(b) capable of being used in connection with a claim for a benefit or payment under this Act.
(2) Where:
(a) a person makes a statement (whether oral or in writing) that is false or misleading in a material particular;
(b) the statement is capable of being used in connection with a claim for a benefit or payment under this Act;
(c) the material particular in respect of which the statement is false or misleading is substantially based upon a statement made, either orally or in writing, to the person or to an agent of the person by another person who is an employee or agent of the first - mentioned person; and
(d) the last - mentioned statement is false or misleading in a material particular;
that other person commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
(2A) An offence under subsection (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) In subsection (2), a reference to an employee of a person shall, in a case where that person is a corporation, be read as a reference to:
(a) a director, secretary, manager or employee of the corporation;
(b) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
(c) a liquidator of the corporation appointed in a voluntary winding up.
(4) A prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.
(5) It is a defence if a person charged with an offence under this section in relation to a statement made by the person did not know, and could not reasonably be expected to have known, that the statement was:
(a) false or misleading in a material particular; or
(b) capable of being used in connection with a claim for a benefit or payment under this Act.
(6) In this section, a reference to making a statement includes a reference to issuing or presenting a document, and a reference to a statement shall be construed accordingly.