False representation
47 False representation
A person commits an offence if:
the person intentionally represents, by words or conduct, that the person or another person:
is a health care decision maker; or
is a health care decision maker with authority for a particular matter; and
the representation is false and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person represents, by words or conduct, that the person or another person:
is a health care decision maker; or
is a health care decision maker with authority for a particular matter; and
the representation is false and the person has knowledge of that circumstance; and
the person engages in the conduct mentioned in paragraph (a) with the intention of obtaining a benefit for the person or another person.
Maximum penalty: Imprisonment for 7 years.
Subsection (2)(c) is the fault element for the conduct in subsection (2)(a).
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