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COMMONWEALTHAct
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s 58

Offences

In force
Part VITransitional provisions relating to consequential amendments

58 Offences

(1)

A person shall not:

(a)

make, either orally or in writing, a false or misleading statement:

(i)

in connection with, or in support of, a claim or application made under this Act, or the Regulations, by that person or by another person for a pension, allowance or other benefit or for an increased pension, allowance or other benefit;

(ii)

to deceive an officer doing duty in relation to this Act; or

(iii)

to affect the rate of a pension, allowance or other pecuniary benefit payable under this Act or the Regulations;

(b)

obtain a payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, that is not payable;

(c)

obtain payment of a pension, allowance or other pecuniary benefit under this Act or the Regulations, or an instalment of such a pension, allowance or other benefit, by means of a false or misleading statement or of impersonation or a fraudulent device; or

(e)

make or present to the Commission or an officer, a statement or document that is false in a material particular.

(2)

A person shall not forge the signature of another person on a claim or application under this Act or the Regulations 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 Regulations, or the provision of any other benefit under the Regulations.

Penalty: $1,000 or imprisonment for 6 months, or both.

(3)

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 or the Regulations 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: $1,000 or imprisonment for 6 months, or both.

“(4) A person to whom assistance by way of a gift or loan of goods has been granted under the Regulations for any purpose shall not, without having first obtained the consent of the Commission:

(a)

use the goods for any other purpose; or

(b)

sell or otherwise dispose of, or pledge, mortgage or deposit by way of security any of those goods.

Penalty: $1,000 or imprisonment for 6 months, or both.

(5)

An offence against subsection (1) is an indictable offence and, subject to subsection (7), is punishable, on conviction, by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

(6)

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.

(7)

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 a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.

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