Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90YZW

  (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 ).