Document ID: chunk:federal_register_of_legislation:C2024C00580:section:51
Version: federal_register_of_legislation:C2024C00580
Segment Type: section
Provision Reference: s 51
Character Range: 68646–69944

51  Strict liability offence—false or misleading statements by employees etc.

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.