HEALTH INSURANCE ACT 1973 - SECT 128B Knowingly making false statements relating to medicare benefits etc.

HEALTH INSURANCE ACT 1973 - SECT 128B

  (1)   A person shall not make, or authorise the making of, a statement (whether oral or in writing) if the person knows that the statement 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:   Imprisonment for 5 years or 100 penalty units, or both.

  (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;

  (d)   that other person knew that the last - mentioned statement was false or misleading in a material particular; and

  (e)   that other person knew, or had reasonable grounds to suspect, that the last - mentioned statement would be used in the preparation of a statement of the kind referred to in paragraph   (b);

that other person commits an offence punishable on conviction by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units, or both.

  (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.

  (5)   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.