50Cancellation of units because of the making of a false statement

#### 50 Cancellation of units because of the making of a false statement (1) If: (a) before a payment right was granted, an entity made a false statement to a person who was exercising powers, or performing functions, under or in connection with this Part, the DSAP scheme or the SDA scheme; and (b) either: (i) the payment right was granted because of the making of the false statement; or (ii) as a result of the making of the false statement, the face value of the payment right exceeds the proper amount of the face value; the DSAP scheme or the SDA scheme (as the case may be) must authorise the DAA to: (c) if subparagraph (b)(i) applies—cancel all of the units in the payment right; or (d) if subparagraph (b)(ii) applies—cancel the number of units in the payment right worked out by: (i) dividing the number of whole dollars in the amount of the excess by 32; and (ii) if the result of the division is not a whole number—rounding down the result to the nearest whole number (treating zero as a whole number). (2) If a unit is cancelled as authorised under this clause, this Schedule and the DSAP scheme or the SDA scheme (as the case may be) have, and are taken always to have had, effect as if the unit was never in existence. > Note: This may result in an overpayment. For recovery of overpayments, see Division 4. (3) In this clause: > false statement means a statement (whether made orally, in a document or in any other way) that: (a) is false or misleading in a material particular; or (b) omits any matter or thing without which the statement is misleading in a material particular.