8AFalse declarations accompanying claims for payment

#### 8A False declarations accompanying claims for payment (1) Where: (a) pursuant to a provision included in a scheme in accordance with subsection 5(4C), a claim for payment of an amount in accordance with the scheme in respect of the sale and delivery of eligible petroleum products is accompanied by a declaration made by a person in charge of a ship; (b) the declaration relates to the delivery of those eligible petroleum products by or to the ship; and (c) the declaration is, to the knowledge of the person, false or misleading in a material particular; the person is guilty of an offence. (2) An offence against subsection (1) is an indictable offence, and, subject to this section, is punishable on conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both. (3) Notwithstanding that an offence referred to in subsection (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence referred to in subsection (2), the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 1 year, or both. (5) This section is not intended to affect the operation of a law of a State to the extent that that law is capable of operating concurrently with this section. (6) In this section, ship means a vessel or boat of any description.