53Offence—statement based on statement that employee etc. knows is false or misleading

53 Offence—statement based on statement that employee etc. knows is false or misleading

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 first person knew that the employee statement was false or misleading in a material particular; and (h) the first person knew that, or was reckless as to whether, the employee statement would be used in the preparation of the claim statement.

Penalty: Imprisonment for 5 years or 100 penalty units, or both.