New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 103EA

103EA False or misleading applications for home warranty insurance

(1) A person must not, in connection with an application to an insurer for home warranty insurance, make a statement (whether orally, in a document or in any other way) knowing that, or being reckless as to whether, the statement:

(a) is false or misleading, or

(b) omits any matter or thing without which the statement is misleading.

Maximum penalty: 200 penalty units.

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

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

(4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.