Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 93ZA

[False or misleading statements--Part 4 request not involved]

             (1)  If a certificate holder, in connection with the operation of this Chapter (other than Part 4):

                     (a)  makes a statement, either orally or in writing, to the DAA or to an officer of the Department that is false or misleading in a material particular; or

                     (b)  omits from a statement made, either orally or in writing, to the DAA or to an officer of the Department any matter or thing without which the statement is misleading in a material particular; or

                     (c)  gives or produces a document or copy to the DAA or to an officer of the Department that contains information that is false or misleading in a material particular;

the DAA may, by written notice given to the holder, cancel the certificate.

[False or misleading information given under Part 4]

             (2)  If a certificate holder, in compliance with a notice under Part 4, gives information that is false or misleading in a material particular, the DAA may, by written notice given to the holder, cancel the certificate.

[False or misleading documents given under Part 4]

             (3)  If a certificate holder, in compliance with a notice under Part 4, produces a document, or gives a copy of a document, that, to the knowledge of the holder, is false or misleading in a material particular, the DAA may, by written notice given to the holder, cancel the certificate.

[Subsection (3) does not apply if document accompanied by explanation]

             (4)  Subsection (3) does not apply to a certificate holder who produces a document, or gives a copy of a document, that, to the knowledge of the holder, is false or misleading in a material particular if the document or copy is accompanied by a written statement:

                     (a)  stating that the document or copy is, to the knowledge of the holder, false or misleading in a material particular; and

                     (b)  setting out, or referring to, the material particular in which the document or copy is, to the knowledge of the holder, false or misleading.

[Imputed knowledge of bodies corporate and partnerships etc.]

             (5)  For the purposes of subsections (3) and (4):

                     (a)  an incorporated body is taken to know anything known by any of its directors or employees; and

                     (b)  a corporate limited partnership is taken to know anything known by:

                              (i)  if any of the partners is a natural person--that partner; and

                             (ii)  if any of the partners is an incorporated body--any of the directors or employees of that partner; and

                     (c)  a natural person is taken to know anything known by an employee of the natural person.