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 payment for treatment provided under this Part.
(2) Where:
(a) a person (in this subsection referred to as the principal ) makes a statement (in this subsection referred to as the principal's statement ), whether oral or in writing, that is false or misleading in a material particular;
(b) the principal's statement is capable of being used in connection with a claim for payment for treatment provided under this Part;
(c) the material particular in respect of which the principal's statement is false or misleading is substantially based upon a statement (in this subsection referred to as the associate's statement ) made, either orally or in writing, to the principal or to the agent of the principal, by another person (in this subsection referred to as the associate ) who is an employee or agent of the principal; and
(d) the associate's statement is false or misleading in a material particular;
the associate commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
(3) In subsection (2), a reference to an employee of a person shall, in a case where the 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) Notwithstanding section 15B of the Crimes Act 1914 , a prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.
(4A) 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 .
(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 payment for treatment provided under this Part.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code .
(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.