Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p177
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 177/268)
Character Range: 813632–816365

misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the statement is made in, or in connection with:
 (i) an application for a licence, permit or authority; or
 (ii) an application for registration; or
 (iii) an application or claim for a benefit; and
 (d) any of the following subparagraphs applies:
 (i) the statement is made to a Commonwealth entity;
 (ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
 (iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
 (1A) Absolute liability applies to each of the subparagraph (1)(d)(i), (ii) and (iii) elements of the offence.
 (2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
 (3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).

Recklessness
 (4) A person commits an offence if:
 (a) the person makes a statement (whether orally, in a document or in any other way); and
 (b) the person does so reckless as to whether the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the statement is made in, or in connection with:
 (i) an application for a licence, permit or authority; or
 (ii) an application for registration; or
 (iii) an application or claim for a benefit; and
 (d) any of the following subparagraphs applies:
 (i) the statement is made to a Commonwealth entity;
 (ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
 (iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 6 months.
 (4A) Absolute liability applies to each of the subparagraph (4)(d)(i), (ii) and (iii) elements of the offence.
 (5) Subsection (4) does not apply as a result of subparagraph (4)(b)(i) if the statement is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
 (6) Subsection (4) does not apply as a result of subparagraph (4)(b)(ii) if the statement did not omit