Document ID: chunk:federal_register_of_legislation:C2024C00866:section:93b:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 93B (pt 1/2)
Character Range: 1354553–1357213

93B  False statements relating to treatment
 (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 payment for treatment provided under this Part.
Penalty: 20 penalty units.
 (2) Where:
 (a) a person (in this subsection referred to as the principal) makes a statement (in this subsection referred to as the principal's statement), whether oral or in writing, that is false or misleading in a material particular;
 (b) the principal's statement is capable of being used in connection with a claim for payment for treatment provided under this Part;
 (c) the material particular in respect of which the principal's statement is false or misleading is substantially based upon a statement (in this subsection referred to as the associate's statement) made, either orally or in writing, to the principal or to the agent of the principal, by another person (in this subsection referred to as the associate) who is an employee or agent of the principal; and
 (d) the associate's statement is false or misleading in a material particular;
the associate commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
 (3) In subsection (2), a reference to an employee of a person shall, in a case where the 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) Notwithstanding section 15B of the Crimes Act 1914, a prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.
 (4A) 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.
 (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 payment for treatment provided under this Part.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.
 (6) In this section, a reference to making a statement includes a reference to issuing or presenting a