Document ID: chunk:federal_register_of_legislation:C2004A00909:clause:1_173
Version: federal_register_of_legislation:C2004A00909
Segment Type: clause
Provision Reference: sch 1 cl 173
Character Range: 11592–12843

173  False statement to deceive

 (1) A person contravenes this section if:
 (a) the person makes a statement; and
 (b) the statement is false or misleading; and
 (c) the person is reckless as to whether the statement is false or misleading; and
 (d) the person is reckless as to whether the statement:
 (i) deceives, or might deceive, an officer or an approved child care service exercising powers, or performing duties or functions, under the family assistance law; or
 (ii) affects, or might affect, an entitlement to a payment of family assistance under the family assistance law; or
 (iii) affects, or might affect, the rate of a payment of family assistance under the family assistance law; or
 (iv) affects, or might affect, conditional eligibility for child care benefit by fee reduction, a weekly limit of hours, a CCB % or a schooling % applicable to a person.

 (2) For the purposes of an offence against section 177 that relates to a contravention of subsection (1) of this section, strict liability applies to the following elements of the offence:
 (a) the element that a power, duty or function is a power, duty or function under the family assistance law;
 (b) the element that a payment is a payment under the family assistance law.