Commonwealth Numbered Acts

SHIPS (CAPITAL GRANTS) ACT 1987 No. 74, 1987 - SECT 30

30. (1) A person shall not knowingly obtain or attempt to obtain a grant that
is not payable.
Penalty:

   (a)  in the case of a natural person - $10,000 or imprisonment for 5 years,
        or both; or

   (b)  in the case of a body corporate - $50,000.

(2) A person shall not knowingly or recklessly:

   (a)  make to the Secretary or another person exercising a power or
        performing a function or duty in relation to this Act a statement,
        either orally or in writing, that is false or misleading in a material
        particular; or

   (b)  present to the Secretary or another person exercising a power or
        performing a function or duty in relation to this Act a certificate
        under subsection 21 (1), particulars under subsection 21 (2), or a
        document or other record, that is false or misleading in a material
        particular.
Penalty:

   (a)  in the case of a natural person - $1,000 or imprisonment for 6 months,
        or both; or

   (b)  in the case of a body corporate - $5,000.

(3) A person shall not, without reasonable excuse, refuse or fail:

   (a)  to attend before an officer of the Department; or

   (b)  to answer a question or produce a document or other record; when so
        required under this Act.
Penalty:

   (a)  in the case of a natural person - $1,000 or imprisonment for 6 months,
        or both; or

   (b)  in the case of a body corporate - $5,000.

(4) Where, in proceedings for an offence against subsection (1) or (2) in
respect of any conduct engaged in by a body corporate, it is necessary to
establish the state of mind of the body, it is sufficient to show that a
director, servant or agent of the body, being a director, servant or agent by
whom the conduct was engaged in within the scope of his or her actual or
apparent authority, had that state of mind.

(5) Any conduct engaged in on behalf of a body corporate:

   (a)  by a director, servant or agent of the body within the scope of his or
        her actual or apparent authority; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a director, servant or agent of the
        body, where the giving of such direction, consent or agreement is
        within the scope of the actual or apparent authority of the director,
        servant or agent; shall be deemed, for the purposes of subsections (1)
        and (2), to have been engaged in by the body.

(6) A reference in subsection (4) to the state of mind of a person includes a
reference to the knowledge, intention, opinion, belief or purpose of the
person and the person's reasons for the intention, opinion, belief or purpose.

(7) A person shall not be convicted of:

   (a)  both an offence against or arising out of subsection (1) and an
        offence against or arising out of subsection 17 (1); or

   (b)  both an offence against or arising out of subsection (1) and an
        offence against or arising out of subsection (2); in respect of the
        same claim for a grant.

(8) A reference in subsection (7) to a person being convicted of an offence
includes a reference to an order being made under section 19B of the Crimes 
Act 1914 in relation to the person in respect of an offence.

(9) An offence against subsection (1) is an indictable offence.

(10) Notwithstanding that an offence against subsection (1) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.

(11) Where, in accordance with subsection (10), a court of summary
jurisdiction convicts a person of an offence against subsection (1), the
penalty that the court may impose is:

   (a)  if the person is a natural person - a fine not exceeding $2,000 or
        imprisonment for a period not exceeding 12 months, or both; or

   (b)  if the person is a body corporate - a fine not exceeding $10,000.