Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1985 No. 167 of 1985 - SECT 49

49. After section 128 of the Principal Act the following sections are
inserted: False statements relating to medicare benefits, &c.

"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: $2,000.

"(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 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 is guilty of an offence punishable on conviction
by a fine not exceeding $2,000.

"(3) In sub-section (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 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) Notwithstanding section 21 of the Crimes Act 1914, 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. Knowingly making false statements relating to medicare
benefits, &c.

"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: $10,000 or imprisonment for 5 years, 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 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 is
guilty of an offence punishable on conviction by a fine not exceeding $10,000
or imprisonment for a period not exceeding 5 years, or both.

"(3) In sub-section (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 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) Where, on the trial of a person for an offence against sub-section (1) or
(2), the jury is not satisfied that the person is guilty of that offence but
is satisfied that the person is guilty of an offence against sub-section 128A
(1) or (2), it may find the person not guilty of the offence charged but
guilty of an offence against sub-section 128A (1) or (2), as the case may be.

"(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.