Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 82

82.(1) If an entity, in connection with the operation of this Act (other than
Part 7):

   (a)  makes a statement, either orally or in writing, to the DAA or to an
        officer of the Department that is false or misleading in a material
        particular; or

   (b)  omits from a statement made, either orally or in writing, to the DAA
        or to an officer of the Department any matter or thing without which
        the statement is misleading in a material particular; or

   (c)  gives or produces a document or copy to the DAA or to an officer of
        the Department that contains information that is false or misleading
        in a material particular; the DAA may, by written notice given to the
        entity, cancel:

   (d)  any registration of plant expenditure in the name of the entity; or

   (e)  a certificate held by the entity (even if the certificate has been
        terminated). (False or misleading information given under Part 7)

(2) If an entity, in compliance with a notice under Part 7, gives information
that is false or misleading in a material particular, the DAA may, by written
notice given to the entity, cancel:

   (a)  any registration of plant expenditure in the name of the entity; or

   (b)  a certificate held by the entity (even if the certificate has been
        terminated). (False or misleading documents given under Part 7)

(3) If an entity, in compliance with a notice under Part 7, produces a
document, or gives a copy of a document, that, to the knowledge of the entity,
is false or misleading in a material particular, the DAA may, by written
notice given to the entity, cancel:

   (a)  any registration of plant expenditure in the name of the entity; or

   (b)  a certificate held by the entity (even if the certificate has been
        terminated). (Subsection (3) does not apply if document accompanied by
        explanation)

(4) Subsection (3) does not apply to an entity who produces a document, or
gives a copy of a document, that, to the knowledge of the entity, is false or
misleading in a material particular if the document or copy is accompanied by
a written statement:

   (a)  stating that the document or copy is, to the knowledge of the entity,
        false or misleading in a material particular; and

   (b)  setting out, or referring to, the material particular in which the
        document or copy is, to the knowledge of the entity, false or
        misleading. (Imputed knowledge of bodies corporate and partnerships
        etc.)

(5) For the purposes of subsections (3) and (4):

   (a)  a body corporate is taken to know anything known by any of its
        directors or employees; and

   (b)  a partnership is taken to know anything known by:

        (i)    if any of the partners are natural persons - any such partner;
               and

        (ii)   if any of the partners are bodies corporate - any of the
               directors or employees of any such partner; and

   (c)  a natural person is taken to know anything known by an employee of the
        natural person.