Commonwealth Numbered Acts

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CHILDCARE REBATE ACT 1993 No. 112 of 1993 - SECT 60

Knowingly making false or misleading statements
60.(1) A person must not make, or authorise the making of, a statement
(whether oral or in writing) if the person knows that the statement is:

   (a)  false or misleading in a material particular; and

   (b)  capable of being used in connection with a claim or an application
        under this Act. Penalty: Imprisonment for 6 months.

(2) If:

   (a)  a person makes a statement (whether oral or in writing) that is false
        or misleading in a material particular; and

   (b)  the statement is capable of being used in connection with a claim or
        an application under this Act; and

   (c)  the material particular in respect of which the statement is false or
        misleading is substantially based upon a statement made, either orally
        or in writing, to the person or to an agent of the person by another
        person who is an employee or agent of the first-mentioned person; and

   (d)  the other person knew that his or her statement was false or
        misleading in a material particular; and

   (e)  the other person knew, or had reasonable grounds to suspect, that his
        or her statement would be used in preparing a statement of the kind
        referred to in paragraph (b); the other person is guilty of an
        offence. Penalty: Imprisonment for 6 months.

(3) The reference in subsection (2) to an employee of a person is a reference,
if the person is a corporation, to:

   (a)  a director, secretary, manager or employee of the corporation; or

   (b)  a receiver and manager of any part of the undertaking of the
        corporation appointed under a power contained in any instrument; or

   (c)  a liquidator of the corporation appointed in voluntary winding up. 


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