Document ID: chunk:federal_register_of_legislation:C2025C00156:section:128a
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 128A
Character Range: 714292–716584

128A  False statements relating to medicare benefits etc.
 (1) A person shall not make, or authorise the making of, a statement (whether oral or in writing) that is:
 (a) false or misleading in a material particular; and
 (b) capable of being used in connection with a claim for a benefit or payment under this Act.
Penalty: 20 penalty units.
 (2) Where:
 (a) a person makes a statement (whether oral or in writing) that is false or misleading in a material particular;
 (b) the statement is capable of being used in connection with a claim for a benefit or payment under this Act;
 (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 last‑mentioned statement is false or misleading in a material particular;
that other person commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
 (2A) An offence under subsection (1) or (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) In subsection (2), a reference to an employee of a person shall, in a case where that person is a corporation, be read as a reference to:
 (a) a director, secretary, manager or employee of the corporation;
 (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 a voluntary winding up.
 (4) A prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.
 (5) It is a defence if a person charged with an offence under this section in relation to a statement made by the person did not know, and could not reasonably be expected to have known, that the statement was:
 (a) false or misleading in a material particular; or
 (b) capable of being used in connection with a claim for a benefit or payment under this Act.
 (6) In this section, a reference to making a statement includes a reference to issuing or presenting a document, and a reference to a statement shall be construed accordingly.