NSWIn ForceAct
Home Building Act 1989
103EAFalse or misleading applications for insurance
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#### 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—
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> > > (a) is false or misleading, or
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> > > (b) omits any matter or thing without which the statement is misleading.
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> > Maximum penalty—200 penalty units.
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> > (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.
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> > (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.
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> > (4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.
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> **s 103EA:** Ins 2004 No 101, Sch 1 \[8\]. Am 2014 No 24, Sch 1 \[104\]; 2017 No 28, Sch 1 \[44\].