Recklessly Making a False or Misleading Statement in an Application
Recklessly Making a False or Misleading Statement in an Application is an offence under Section 136.1(4) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 6 months in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You made an oral, written or other form of statement
- You were reckless as to whether the statement was false or misleading, or that an omission made it misleading
- The statement was made in, or in connection with, an application for a licence, permit, registration or authority, or an application or claim for a benefit, and
- The statement was made to a Commonwealth entity, or to a person exercising powers under, or in connection with, a Commonwealth law, or in compliance with, or purported compliance with, a Commonwealth law
The statement must be false or misleading, or the omission misleading, ‘in a material particular’ but if the prosecution proves any degree of false or misleading statement or omission you must then establish this was not misleading ‘in a material particular’ in order to disprove that part of the offence.
Defences to the charge include:
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