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COMMONWEALTHAct
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s 90YZW

False declarations

In force
Volume 2s 90AA-Endnotes
Part VIIICSuperannuation interests relating to Western Australian de facto relationships
Division 5Miscellaneous

90YZW False declarations

(1)

A person commits an offence if:

(a)

the person makes a statement in a declaration, knowing that the statement is false or misleading; and

(b)

the declaration is served on the trustee of an eligible superannuation plan for the purposes of this Part.

Penalty: Imprisonment for 12 months.

(2)

Subsection (1) does not apply if the statement is not false or misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

(3)

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.

Note:

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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