Despite the provisions of Part 3 and the entitlement Acts, if:
- (a)
- an
entity makes a false statement to a person who is exercising powers, or
performing functions, under or in connection with this Act or an entitlement
Act; and
- (b)
- the entity does so knowing that, or reckless as to whether, the statement:
- (i)
- is false or misleading in a material particular; or
- (ii)
- omits any matter or thing without which the statement is misleading in a
material particular; and
- (c)
- the amount of a grant or benefit that would have been payable to the
entity in respect of a claim period if the statement was not false exceeds the
amount of the grant or benefit properly payable to the entity in respect of
that claim period; and
- (d)
- you:
- (i)
- aided, abetted, counselled or procured the making of the statement by the
entity; or
- (ii)
- were in any way, by act or omission, directly or indirectly, knowingly
concerned in, or party to, the making of the statement by the entity;
you are disqualified, and are taken to have been disqualified, from receiving
that grant or benefit in relation to the period:
- (e)
- beginning at the start of that claim period; and
- (f)
- ending at a time determined by the Commissioner.
- Note: Recklessly making a false statement can be an offence against
section 8N of the Taxation Administration Act 1953 , and knowingly making
a false statement can be an offence against section 8P of that Act.