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COMMONWEALTHAct
In force
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s 173

False statement to deceive

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 6Provisions relating to information
Division 3False statements etc.
Subdivision BOffences

173 False statement to deceive

(1)

A person contravenes this section if:

(a)

the person makes a statement; and

(b)

the statement is false or misleading; and

(c)

the person is reckless as to whether the statement is false or misleading; and

(d)

the person is reckless as to whether the statement:

(i)

deceives, or might deceive, an officer or an approved provider exercising powers, or performing duties, under the family assistance law; or

(ii)

affects, or might affect, an entitlement to a payment of family assistance under the family assistance law; or

(iii)

affects, or might affect, the rate or amount of a payment of family assistance under the family assistance law; or

(iv)

affects, or might affect, eligibility for CCS for a child.

(2)

For the purposes of an offence against section 177 that relates to a contravention of subsection (1) of this section, strict liability applies to the following elements of the offence:

(a)

the element that a power, duty or function is a power, duty or function under the family assistance law;

(b)

the element that a payment is a payment under the family assistance law.

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