51Strict liability offence—false or misleading statements by employees etc.

51 Strict liability offence—false or misleading statements by employees etc.

Offence (1) A person (the first person) commits an offence if: (a) the first person is an employee, associate or agent of another person (the second person); and (b) the second person makes an oral or written statement (the claim statement); and (c) the claim statement is false or misleading in a material particular; and (d) the claim statement is capable of being used in connection with a claim for dental benefit; and (e) the material particular in respect of which the claim statement is false or misleading is substantially based upon another statement (the employee statement); and (f) the employee statement was made by the first person: (i) to the second person; or (ii) to an agent of the second person; and (g) the employee statement was false or misleading in a material particular.

Penalty: 20 penalty units.

Strict liability (2) An offence under subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

Prosecution—time limit (3) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section must be instituted within 3 years after the time at which the claim statement is alleged to have been made.