13False or misleading statements

13 False or misleading statements

[Section 13 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 13 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 13 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 ]

(1)  A person shall not, in connection with, or in support of, an application for a loan, make, whether orally or in writing, a statement that, to his knowledge, is false or misleading in a material particular.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person shall not obtain payment of a loan by means of a statement, whether orally or in writing, that, to his knowledge, is false or misleading in a material particular or by means of impersonation or a fraudulent device.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.

(3)  Where a person is convicted of an offence against this section, the court may, in addition to imposing a penalty in respect of the offence, order him to pay to TDR an amount equal to the amount of the outstanding balance of the loan paid under this Act in consequence of the act, failure, or omission in respect of which he was convicted, together with interest calculated up to a date determined by the court.

(4)  It is a defence to a charge under this section if it is proved that, at the time the application or statement was made, the defendant believed on reasonable grounds that it was neither false nor misleading.

(5)  Where an offence against this Act is committed by a body corporate –

(a) every director, or member of the governing body, of the body corporate; and

(b) every manager or secretary of the body corporate –

shall be deemed also to have committed the offence, and may be convicted of the offence, unless he proves that the act or omission constituting the offence took place without his knowledge or consent.

(6)  A person referred to in subsection (5) may be convicted of an offence under that subsection whether or not the body corporate is charged with, or convicted of, the offence.