Document ID: chunk:federal_register_of_legislation:C2025C00156:section:128b
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 128B
Character Range: 716584–718605

128B  Knowingly making 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) if the person knows that the statement 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: Imprisonment for 5 years or 100 penalty units, or both.
 (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;
 (d) that other person knew that the last‑mentioned statement was false or misleading in a material particular; and
 (e) that other person knew, or had reasonable grounds to suspect, that the last‑mentioned statement would be used in the preparation of a statement of the kind referred to in paragraph (b);
that other person commits an offence punishable on conviction by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units, or both.
 (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.
 (5) 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.