Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_216
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 216
Character Range: 856152–857729

216  Payment obtained through fraud etc.
 (1) A person contravenes this subsection if:
 (a) the person obtains:
 (i) payment of a social security payment under the social security law; or
 (ii) payment of an instalment of a social security payment under the social security law; and
 (b) the person does so:
 (i) by means of impersonation; or
 (ii) by means of a fraudulent device.
 (2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:
 (a) the element that a payment is a social security payment under the social security law;
 (b) the element that an instalment is an instalment of a social security payment under the social security law.
 (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) payment of a social security payment under the social security law; or
 (ii) payment of an instalment of a social security payment under the social security law.
 (4) For the purposes of an offence against section 217 that relates to subsection (3) of this section, strict liability applies to the following elements of the offence:
 (a) the element that a payment is a social security payment under the social security law;
 (b) the element that an instalment is an instalment of a social security payment under the social security law.

Division 3—Penalties