Document ID: chunk:federal_register_of_legislation:C2024C00580:section:53
Version: federal_register_of_legislation:C2024C00580
Segment Type: section
Provision Reference: s 53
Character Range: 70390–71515

53  Offence—statement based on statement that employee etc. knows is false or misleading
  A person (the first person) commits an offence if:
 (a) the first person is an employee, associate or agent of another person (the second person); and
 (b) the second person makes an oral or written statement (the claim statement); and
 (c) the claim statement is false or misleading in a material particular; and
 (d) the claim statement is capable of being used in connection with a claim for dental benefit; and
 (e) the material particular in respect of which the claim statement is false or misleading is substantially based upon another statement (the employee statement); and
 (f) the employee statement was made by the first person:
 (i) to the second person; or
 (ii) to an agent of the second person; and
 (g) the first person knew that the employee statement was false or misleading in a material particular; and
 (h) the first person knew that, or was reckless as to whether, the employee statement would be used in the preparation of the claim statement.
Penalty: Imprisonment for 5 years or 100 penalty units, or both.