Strict liability offence—false or misleading statements by employees etc
51 Strict liability offence—false or misleading statements by employees etc
Offence
A person (the first person) commits an offence if:
the first person is an employee, associate or agent of another person (the second person); and
the second person makes an oral or written statement (the claim statement); and
the claim statement is false or misleading in a material particular; and
the claim statement is capable of being used in connection with a claim for dental benefit; and
the material particular in respect of which the claim statement is false or misleading is substantially based upon another statement (the employee statement); and
the employee statement was made by the first person:
to the second person; or
to an agent of the second person; and
the employee statement was false or misleading in a material particular.
Penalty: 20 penalty units.
Strict liability
An offence under subsection (1) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
Prosecution—time limit
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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