Commonwealth Numbered Acts

Health Legislation Amendment Act 1982 No. 49 of 1982 - SECT 35

35. Section 129 of the Principal Act is amended-

   (a)  by inserting after sub-section (1) the following sub-sections:

''(1A) Where-

   (a)  a person makes a statement, either orally or in writing, or issues or
        presents a document, that is false or misleading in a material
        particular;

   (b)  the statement or document is capable of being used in, in connection
        with, or in support of, an application for payment of an amount under
        this Act;

   (c)  the material particular in respect of which the statement or document
        is false or misleading is substantially based upon a statement made,
        either orally or in writing, or a document issued or presented, to the
        person or to an agent of the person by another person who is an
        employee or agent of the first-mentioned person;

   (d)  the last-mentioned statement or document is false or misleading in a
        material particular; and

   (e)  that other person knew, or had reasonable grounds to suspect, that the
        last-mentioned statement or document would be used in the preparation
        of a statement or document of the kind referred to in paragraph (b),

that other person is guilty of an offence punishable on conviction by a fine
not exceeding $10,000 or imprisonment for a period not exceeding 5 years.

''(1B) In sub-section (1A), a reference to an employee of a person shall, in a
case where that person is a corporation, be read as a reference to-

   (a)  a director, secretary or employee of the corporation;

   (b)  a receiver and manager of any part of the undertaking of the
        corporation appointed under a power contained in any instrument; or

   (c)  a liquidator of the corporation appointed in a voluntary winding
        up.''.

   (b)  by omitting from sub-section (3) ''to which the prosecution relates''
        and substituting '', made, issued, presented or furnished by him'';
        and

   (c)  by adding at the end thereof the following sub-section:

''(4) Nothing in sub-section (1A) affects the application to any person of
sub-section (1) or (2).''.