False declarations
(1) A person commits an offence if: (a) the person makes a statement in a declaration, knowing that the statement is false or misleading; and (b) the declaration is served on the trustee of an eligible superannuation plan for the purposes of this Part. Penalty: Imprisonment for 12 months. (2) Subsection (1) does not apply if the statement is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) does not apply in relation to a declaration if a party to the de facto relationship to whom the declaration relates died before the declaration was made. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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