Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_56:p1
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 56 (pt 1/2)
Character Range: 85627–88241

56  False statement in relation to application for a benefit

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person makes a statement, (whether orally, in a document or in any other way); and
 (b) the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the person knows of the matter mentioned in paragraph (b); and
 (d) the statement is made in, in connection with, or in support of, an application for:
 (i) a grant, payment or allotment of money or an allowance; or
 (ii) leave of absence; or
 (iii) any other benefit or advantage;
  for the person or another person; and
 (e) the application arises out of, or is based on, membership of, or service in or in connection with, the Defence Force.

Maximum punishment: Imprisonment for 12 months.

 (2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

 (3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

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) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person makes a statement (whether orally, in a document or in any other way); and
 (b) the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the person is reckless as to the matter mentioned in paragraph (b); and
 (d) the statement is made in, in connection with, or in support of, an application for:
 (i) a grant, payment or allotment of money or an allowance; or
 (ii) leave of absence; or
 (iii) any other benefit or advantage;
  for the person or another person; and
 (e) the application arises out of, or is based on, membership of, or service in or in connection with, the Defence Force.

Maximum punishment: Imprisonment for 6 months.

 (5) Subsection (4) does not apply as a result of subparagraph (4)(b)(i) if the statement is not false or misleading in a material particular.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.

 (6) Subsection (4) does not apply