Offences
208 Offences
A person shall not:
intentionally make, whether orally or in writing, a false or misleading statement:
in connection with, or in support of, a claim or application made under this Act by that person or by another person for a pension, allowance or other benefit or for an increased pension, allowance or other benefit; or
in connection with the consideration of the eligibility of the person or another person for a veteran payment; or
with the intention of deceiving an officer doing duty in relation to this Act; or
with the intention of affecting the rate of a pension, allowance or other pecuniary benefit payable under this Act; or
intentionally obtain:
payment of a pension, allowance or other pecuniary benefit under this Act; or
payment of an instalment of such a pension, allowance or benefit;
knowing that the payment is:
not payable at all; or
payable only in part; or
intentionally obtain payment of a pension, allowance or other pecuniary benefit under this Act, or of an instalment of such a pension, allowance or benefit, by means of a false or misleading statement or of impersonation or a fraudulent device; or
intentionally obtain a benefit (not being a pension, allowance or pecuniary benefit) under this Act by means of a false or misleading statement or of impersonation or a fraudulent device; or
intentionally make or present to the Commission or an officer a statement or document that is false in a material particular.
A person shall not forge the signature of another person on a claim or application made under this Act for a pension, allowance or other benefit or for an increased pension, allowance or other pecuniary benefit, or on any other document connected with, or in support of, such a claim or application, or connected with payment of a pension, allowance or other pecuniary benefit under this Act or the provision of any other benefit under this Act.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
A person shall not sign his or her name on a document intended to be presented to an officer for the purposes of this Act as his or her signature to the document unless the document has been completely filled in so as to be ready to be presented to an officer without further addition.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
A person to whom assistance by way of a gift or loan of goods has been granted under this Act for any purpose shall not, without having first obtained the consent of the Commission:
use the goods for any other purpose; or
sell or otherwise dispose of, or pledge, mortgage or deposit by way of security any of those goods.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
An offence under subsection (3) or (4) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
An offence against subsection (1) is an indictable offence and, subject to subsection (6), is punishable, on conviction, by imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both.
Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
Where, in accordance with subsection (6), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both.
This Act’s bill:Second reading speech
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