Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p19
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 19/39)
Character Range: 75104–77836

for registration; or
 (iii) an application or claim for a benefit; and
 (d) any of the following subparagraphs applies:
 (i) the statement is made to a Commonwealth entity;
 (ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
 (iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty: 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).

 (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).

Recklessness

 (4) A person 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 person does so reckless as to whether the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the statement is made in, or in connection with:
 (i) an application for a licence, permit or authority; or
 (ii) an application for registration; or
 (iii) an application or claim for a benefit; and
 (d) any of the following subparagraphs applies:
 (i) the statement is made to a Commonwealth entity;
 (ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
 (iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty: 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).

 (6) Subsection (4) does not apply as a result of subparagraph (4)(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 (6). See subsection 13.3(3).

Alternative verdicts

 (7) If, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is