5Applications for grants

5 Applications for grants

(1)  An application by an employer for a grant shall be –

(a) in accordance with a form approved by the Minister; and

(b) verified, as required by the application, by a statutory declaration by the employer or, if the employer is a corporation, by an officer of the employer.

(2)  *[Section 5 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person who, in an application, makes a statement that, to his knowledge, is false or misleading as to a material particular is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.

(3)  Where a person is convicted of an offence under subsection (2) in relation to an application for a grant –

(a) if the application has not been granted when that person is convicted – the applicant ceases to be eligible for a grant under this Act; or

(b) if the application has been so granted – the grant to the employer who made the application shall be forfeited and any instalment of the grant that has been paid to him becomes payable immediately by that employer to the Minister.

(4)  Where an offence under subsection (2) is committed by a person who is an officer of an employer which is a corporation, that corporation shall be deemed also to have committed the offence and may be convicted of the offence, whether or not that person is charged with or convicted of the offence.

(5)  Any money that is payable under subsection (3) by an employer to the Minister constitutes a debt due to the Crown and may be recovered in a court of competent jurisdiction.

(6)  In this section, officer, in relation to an employer which is a corporation, means a director, manager, secretary, or other similar officer of the employer.