False statements relating to medicare benefits etc
128A False statements relating to medicare benefits etc
A person shall not make, or authorise the making of, a statement (whether oral or in writing) that is:
false or misleading in a material particular; and
capable of being used in connection with a claim for a benefit or payment under this Act.
Penalty: 20 penalty units.
Where:
a person makes a statement (whether oral or in writing) that is false or misleading in a material particular;
the statement is capable of being used in connection with a claim for a benefit or payment under this Act;
the material particular in respect of which the statement is false or misleading is substantially based upon a statement made, either orally or in writing, to the person or to an agent of the person by another person who is an employee or agent of the first‑mentioned person; and
the last‑mentioned statement is false or misleading in a material particular;
that other person commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
An offence under subsection (1) or (2) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In subsection (2), a reference to an employee of a person shall, in a case where that person is a corporation, be read as a reference to:
a director, secretary, manager or employee of the corporation;
a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
a liquidator of the corporation appointed in a voluntary winding up.
A prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.
It is a defence if a person charged with an offence under this section in relation to a statement made by the person did not know, and could not reasonably be expected to have known, that the statement was:
false or misleading in a material particular; or
capable of being used in connection with a claim for a benefit or payment under this Act.
In this section, a reference to making a statement includes a reference to issuing or presenting a document, and a reference to a statement shall be construed accordingly.
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