False declarations
90YZW False declarations
A person commits an offence if:
the person makes a statement in a declaration, knowing that the statement is false or misleading; and
the declaration is served on the trustee of an eligible superannuation plan for the purposes of this Part.
Penalty: Imprisonment for 12 months.
Subsection (1) does not apply if the statement is not false or misleading in a material particular.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Subsection (1) does not apply in relation to a declaration if a party to the de facto relationship to whom the declaration relates died before the declaration was made.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
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