134False or misleading statements in claims

134  False or misleading statements in claims Knowledge  (a) the person makes a statement (whether orally, in a document or in any other way); and  (b) the person does so knowing that the statement:  (ii) omits any matter or thing without which the statement is misleading; and  (c) the statement is made in, or in connection with, a claim for a payment right.  (2) Subclause (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subclause (2). See subsection 13.3(3) of the Criminal Code.  (3) Subclause (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subclause (3). See subsection 13.3(3) of the Criminal Code. Recklessness  (a) the person makes a statement (whether orally, in a document or in any other way); and  (b) the person does so reckless as to whether the statement:  (ii) omits any matter or thing without which the statement is misleading; and  (c) the statement is made in, or in connection with a claim for a payment right. Penalty: Imprisonment for 6 months.  (5) Subclause (4) does not apply as a result of subparagraph (4)(b)(i) if the statement is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subclause (5). See subsection 13.3(3) of the Criminal Code.  (6) Subclause (4) does not apply as a result of subparagraph (4)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in subclause (6). See subsection 13.3(3) of the Criminal Code. Alternative verdicts  (7) If, in a prosecution for an offence against subclause (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subclause (4), the trier of fact may find the defendant not guilty of the offence against subclause (1) but guilty of the offence against subclause (4), so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.