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Dental Benefits Act 2008
51Strict liability offence—false or misleading statements by employees etc.
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#### 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.