103EAFalse or misleading applications for insurance

103EA False or misleading applications for insurance

103EA False or misleading applications for insurance

(1) A person must not, in connection with an application to a licensed insurer for insurance under this Part, make a statement (whether orally, in a document or in any other way) knowing that, or being reckless as to whether, the statement—

(a) is false or misleading, or

(b) omits any matter or thing without which the statement is misleading.

Maximum penalty—200 penalty units.

(2) Subsection (1) does not apply as a result of subsection (1)(a) if the statement is not false or misleading in a material particular.

(3) Subsection (1) does not apply as a result of subsection (1)(b) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

(4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.

s 103EA: Ins 2004 No 101, Sch 1 [8]. Am 2014 No 24, Sch 1 [104]; 2017 No 28, Sch 1 [44].