Joint and several liability for debts arising because of false and misleading statements
85 Joint and several liability for debts arising because of false and misleading statements
A person (the recipient) and another person are jointly and severally liable to pay a debt if:
the recipient is liable under this Division to repay an amount (the unauthorised amount) paid to the recipient (or an amount equal to such an amount); and
the unauthorised amount was paid because the recipient contravened Part 7.4 of the Criminal Code (which deals with false and misleading statements); and
the other person is convicted of an offence:
that is taken to have been committed in relation to that contravention because of section 11.2 or 11.2A of the Criminal Code (which deal with complicity, common purpose and joint commission); or
in relation to that contravention against section 11.4 or 11.5 of the Criminal Code (which deal with incitement and conspiracy).
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