30AOffences

30A Offences

(1) A person shall not make a statement, either orally or in writing, or issue or present a document containing information, that is false or misleading in a material particular and is capable of being used in, in connection with or in support of: (aa) an application under section 3A; (a) an application under section 4 for approval of premises as an approved nursing home; (b) an application under section 6 for approval for this Act to apply in relation to specified services; or (c) an application under section 9: (i) to alter the conditions applicable to a nursing home; or (ii) to alter the conditions applicable to the approval that relates to approved services.

Penalty: $10,000 or imprisonment for 5 years.

(2) A person shall not, in pursuance of an agreement under section 15, furnish information that is false or misleading in a material particular.

Penalty: $10,000 or imprisonment for 5 years.

(3) In a prosecution of a person for an offence against this section, it is a defence if the person did not know, and had no reason to suspect, that the statement or information to which the prosecution relates was false or misleading, as the case may be.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.