AustLII Tasmanian Numbered Regulations

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RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - REG 122

False and misleading information

(1)  A person must not –
(a) in a certificate, return, declaration or other document given or sent to, or lodged with, the Board by or on behalf of that person for the purposes of these regulations, knowingly furnish information that is false or misleading or knowingly withhold any relevant information; or
(b) for the purposes of a medical examination required to be undergone under these regulations, knowingly furnish the medical practitioner by whom the examination is made with information as to the state of his or her health or his or her medical history that is false or misleading or knowingly withhold any relevant information.
Penalty:  Fine not exceeding 50 penalty units.
(2)  If a person is convicted of an offence under subregulation (1) , the Board may –
(a) in the case of a contributor, determine –
(i) that the person immediately ceases to be a contributor and is not eligible, either permanently or for any period that the Board determines, to contribute to the Fund; or
(ii) if contributions have not commenced, that the person is not eligible to commence to contribute to the Fund either permanently or for any period that the Board determines; or
(b) in the case of a pensioner, determine that his or her pension is cancelled immediately; or
(c) in the case of a person other than a contributor or pensioner, determine that the person is not eligible to commence to contribute to the Fund, either permanently or for any period that the Board determines.
(3)  Where the Board has determined, under subregulation (2) , that a contributor who has been convicted of an offence under subregulation (1) should cease to be a member of the contributory scheme –
(a) the Board must, as soon as practicable, transfer to an account in his or her name in the accumulation scheme the balance of that person's account established under regulation 42 ; and
(b) that person is to be placed in the same position as if he or she had always been a member of the non-contributory scheme or the accumulation scheme, as the case may require.
(4)  For the purposes of subregulation (3)(b)  –
(a) the Board is to credit interest on employer superannuation contributions made in respect of that person for the relevant period at the rate or rates credited to members of the accumulation scheme in the absence of an election for investment choice under the Trust Deed; and
(b) any employer superannuation contributions payable are to be paid by the relevant Agency.



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