Document ID: chunk:federal_register_of_legislation:C2024C00866:section:93c
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 93C
Character Range: 1357288–1359540

93C  Knowingly making false statements relating to treatment
 (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 payment for treatment provided under this Part.
Penalty: Imprisonment for 5 years or 100 penalty units, or both.
 (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 an agent of the principal by another person (in this subsection referred to as the associate) who is an employee or agent of the principal;
 (d) the associate knew that the associate's statement was false or misleading in a material particular; and
 (e) the associate knew, or had reasonable grounds to suspect, that the associate's statement would be used in the preparation of a statement of the kind referred to in paragraph (b);
the associate 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.