Document ID: chunk:federal_register_of_legislation:C2004A00909:clause:1_176
Version: federal_register_of_legislation:C2004A00909
Segment Type: clause
Provision Reference: sch 1 cl 176
Character Range: 15211–16774

176  Payment or fee reductions obtained by fraud

 (1) A person contravenes this subsection if:
 (a) the person obtains:
 (i) a payment of family assistance; or
 (ii) fee reductions; or
 (iii) in the case of an approved child care service—an amount of an advance paid under section 219R to reimburse the service the amount of the fee reductions made by the service for care provided to a child; and
 (b) the person does so:
 (i) by means of impersonation; or
 (ii) by fraudulent means.

 (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 element of the offence that an amount of an advance paid to reimburse a service is an amount paid under section 219R.

 (3) A person contravenes this subsection 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) as a result the person obtains:
 (i) a payment of family assistance; or
 (ii) fee reductions; or
 (iii) in the case of an approved child care service—an amount of an advance paid under section 219R to reimburse the service the amount of the fee reductions made by the service for care provided to a child.

 (4) For the purposes of an offence against section 177 that relates to a contravention of subsection (3) of this section, strict liability applies to the element of the offence that an amount of an advance paid to reimburse a service is an amount paid under section 219R.