Commonwealth Numbered Acts

HEALTH AND COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 1993 No. 12 of 1994 - SECT 4

4. After section 10J of the Principal Act the following sections are inserted:
Statements that are false or misleading

"10JA.(1) This section applies in relation to the following applications:

   (a)  an application under section 6 for financial assistance;

   (b)  an application under section 9AB for an approval in principle for
        financial assistance;

   (c)  an application under section 9AC to transfer an approval in principle;

   (d)  an application under section 9A for approval of the payment of
        financial assistance;

   (e)  an application under section 10AB for approval as an approved operator
        of hostels;

   (f)  an application under section 10B for approval of a hostel for
        financial assistance;

   (g)  an application under section 10GC for approval as an approved provider
        of community aged care services;

   (h)  an application under section 10GF for financial assistance;

   (i)  an application under section 10GN to transfer community aged care
        services packages.

"(2) A person must not, in respect of an application to which this section
applies, knowingly or recklessly:

   (a)  make a statement that is false or misleading in a material particular;
        or

   (b)  give to the Minister, or any other person exercising a power or
        performing a duty under this Act, a document that contains information
        that is false or misleading in a material particular without:

        (i)    indicating to the Minister or the other person that the
               document is false or misleading and the respect in which the
               document is false or misleading; and

        (ii)   providing correct information to the Minister or the other
               person if the first-mentioned person is in possession of, or
               can reasonably acquire, the correct information. Penalty:
               Imprisonment for 5 years. Submissions that are false or
               misleading

"10JB. A person must not knowingly or recklessly make a submission under
section 10AC or 10GD that is false or misleading in a material particular.
Penalty: Imprisonment for 5 years.".