47False or misleading statements or documents relating to treatment

47 False or misleading statements or documents relating to treatment

(1) A person commits an offence if: (a) any of the following applies: (i) the person makes a statement (whether oral or written); (ii) the person issues or presents a document; (iii) the person authorises a statement to be made or a document to be issued or presented; and (b) the statement or document is false or misleading in a material particular; and (c) the statement or document is capable of being used in connection with a claim for treatment provided under this Act.

Penalty: 20 penalty units.

(2) Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Subsection (1) does not apply if: (a) the person did not know, and could not reasonably be expected to have known, that the statement or document was false or misleading in a material particular; or (b) the person did not know, and could not reasonably be expected to have known, that the statement or document was capable of being used in connection with a claim for treatment provided under this Act.

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

(4) Section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3). (5) Despite section 15B of the Crimes Act 1914, a prosecution for an offence under this section can be commenced at any time within 3 years after the offence is committed.