Commonwealth Numbered Acts

DENTAL BENEFITS ACT 2008 (NO. 41, 2008) - SECT 51

Offence

             (1)  A person (the first person ) commits an offence if:

                     (a)  the first person is an employee, associate or agent of another person (the second person ); and

                     (b)  the second person makes an oral or written statement (the claim statement ); and

                     (c)  the claim statement is false or misleading in a material particular; and

                     (d)  the claim statement is capable of being used in connection with a claim for dental benefit; and

                     (e)  the material particular in respect of which the claim statement is false or misleading is substantially based upon another statement (the employee statement ); and

                      (f)  the employee statement was made by the first person:

                              (i)  to the second person; or

                             (ii)  to an agent of the second person; and

                     (g)  the employee statement was false or misleading in a material particular.

Penalty:  20 penalty units.

Strict liability

             (2)  An offence under subsection (1) is an offence of strict liability.

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

Prosecution--time limit

             (3)  Despite section 15B of the Crimes Act 1914 , a prosecution for an offence under this section must be instituted within 3 years after the time at which the claim statement is alleged to have been made.