MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87U False or misleading information or documents about claim

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87U

87U False or misleading information or documents about claim

(1) This section applies to a statement made or document given in connection with a claim under the statutory insurance scheme to the commission, the Nominal Defendant or another insurer.

(2) A person must not state anything to the commission, or the Nominal Defendant or another insurer, the person knows is false or misleading in a material particular.

Penalty—

Maximum penalty—150 penalty units or 1 year’s imprisonment.

(3) A person must not give the commission, or the Nominal Defendant or another insurer, a document the person knows is false or misleading in a material particular.

Penalty—

Maximum penalty—150 penalty units or 1 year’s imprisonment.

(4) Subsection (3) does not apply to a person if the person, when giving a document—

(a) tells the commission, or the Nominal Defendant or other insurer, to the best of the person’s ability, how the document is false or misleading; and

(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.

(5) Subsection (3) does not require the commission, or the Nominal Defendant or another insurer, to tell someone that a document is false, misleading or incomplete, or to disclose information, if the probable effect would be to alert a person suspected of fraud to the suspicion.

(6) It is enough for a complaint against a person for an offence against subsection (2) or (3) to state the information or document was, without specifying which, ‘false or misleading’.