Disqualification for aiding and abetting etc. fraud
30 Disqualification for aiding and abetting etc. fraud
Despite the provisions of Part 3 and the entitlement Acts, if:
an entity makes a false statement to a person who is exercising powers, or performing functions, under or in connection with this Act or an entitlement Act; and
the entity does so knowing that, or reckless as to whether, the statement:
is false or misleading in a material particular; or
omits any matter or thing without which the statement is misleading in a material particular; and
the amount of a grant or benefit that would have been payable to the entity in respect of a claim period if the statement was not false exceeds the amount of the grant or benefit properly payable to the entity in respect of that claim period; and
you:
aided, abetted, counselled or procured the making of the statement by the entity; or
were in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the making of the statement by the entity;
you are disqualified, and are taken to have been disqualified, from receiving that grant or benefit in relation to the period:
beginning at the start of that claim period; and
ending at the end of 2 years or such shorter period as is determined by the Commissioner.
Recklessly making a false statement can be an offence against section 8N of the Taxation Administration Act 1953.
This Act’s bill:Explanatory memorandumSecond reading speech
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