DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 56 False statement in relation to application for a benefit

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 56

  (1)   A person who is a defence member or a defence civilian commits an offence if:

  (a)   the person makes a statement, (whether orally, in a document or in any other way); and

  (b)   the statement:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the statement is misleading; and

  (c)   the person knows of the matter mentioned in paragraph   (b); and

  (d)   the statement is made in, in connection with, or in support of, an application for:

  (i)   a grant, payment or allotment of money or an allowance; or

  (ii)   leave of absence; or

  (iii)   any other benefit or advantage;

    for the person or another person; and

  (e)   the application arises out of, or is based on, membership of, or service in or in connection with, the Defence Force.

Maximum punishment:   Imprisonment for 12 months.

  (2)   Subsection   (1) does not apply as a result of subparagraph   (1)(b)(i) if the statement is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) does not apply as a result of subparagraph   (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3). See subsection   13.3(3) of the Criminal Code .

  (4)   A person who is a defence member or a defence civilian commits an offence if:

  (a)   the person makes a statement (whether orally, in a document or in any other way); and

  (b)   the statement:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the statement is misleading; and

  (c)   the person is reckless as to the matter mentioned in paragraph   (b); and

  (d)   the statement is made in, in connection with, or in support of, an application for:

  (i)   a grant, payment or allotment of money or an allowance; or

  (ii)   leave of absence; or

  (iii)   any other benefit or advantage;

    for the person or another person; and

  (e)   the application arises out of, or is based on, membership of, or service in or in connection with, the Defence Force.

Maximum punishment:   Imprisonment for 6 months.

  (5)   Subsection   (4) does not apply as a result of subparagraph   (4)(b)(i) if the statement is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5). See subsection   13.3(3) of the Criminal Code .

  (6)   Subsection   (4) does not apply as a result of subparagraph   (4)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (6). See subsection   13.3(3) of the Criminal Code .

  (7)   In this section:

"benefit" includes any advantage and is not limited to property.