HEALTH INSURANCE ACT 1973 - SECT 128A False statements relating to medicare benefits etc.

HEALTH INSURANCE ACT 1973 - SECT 128A

  (1)   A person shall not make, or authorise the making of, a statement (whether oral or in writing) that is:

  (a)   false or misleading in a material particular; and

  (b)   capable of being used in connection with a claim for a benefit or payment under this Act.

Penalty:   20 penalty units.

  (2)   Where:

  (a)   a person makes a statement (whether oral or in writing) that is false or misleading in a material particular;

  (b)   the statement is capable of being used in connection with a claim for a benefit or payment under this Act;

  (c)   the material particular in respect of which the statement is false or misleading is substantially based upon a statement made, either orally or in writing, to the person or to an agent of the person by another person who is an employee or agent of the first - mentioned person; and

  (d)   the last - mentioned statement is false or misleading in a material particular;

that other person commits an offence punishable on conviction by a fine not exceeding 20 penalty units.

  (2A)   An offence under subsection   (1) or (2) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (3)   In subsection   (2), a reference to an employee of a person shall, in a case where that person is a corporation, be read as a reference to:

  (a)   a director, secretary, manager or employee of the corporation;

  (b)   a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or

  (c)   a liquidator of the corporation appointed in a voluntary winding up.

  (4)   A prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.

  (5)   It is a defence if a person charged with an offence under this section in relation to a statement made by the person did not know, and could not reasonably be expected to have known, that the statement was:

  (a)   false or misleading in a material particular; or

  (b)   capable of being used in connection with a claim for a benefit or payment under this Act.

  (6)   In this section, a reference to making a statement includes a reference to issuing or presenting a document, and a reference to a statement shall be construed accordingly.