Nursing Homes Assistance Amendment Act 1980 (Cth)

Nursing Homes Assistance Amendment Act 1980

No. 118 of 1980

 

An Act to amend the Nursing Homes Assistance Act 1974

[Assented to 8 September 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Nursing Homes Assistance Amendment Act 1980.

(2) The Nursing Homes Assistance Act 1974 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After section 30 of the Principal Act the following sections are inserted:

Offences

“30a. (1) A person shall not make a statement, either orally or in writing, or issue or present a document containing information, that is false or misleading in a material particular and is capable of being used in, in connection with or in support of—

(a) an application under section 4 for approval of premises as an approved nursing home;

(b) an application under section 6 for approval for this Act to apply in relation to specified services;

(c) an application under section 9—

(i) to alter the conditions applicable to a nursing home; or

(ii) to alter the conditions applicable to the approval that relates to approved services; or

(d) a request under sub-section 10(2) for a review of a decision of the Permanent Head.

Penalty: $ 10,000 or imprisonment for 5 years.

“(2) A person shall not, in pursuance of an agreement under section 15, furnish information that is false or misleading in a material particular. Penalty: $10,000 or imprisonment for 5 years.

“(3) In a prosecution of a person for an offence against this section, it is a defence if the person proves that he did not know, and had no reason to suspect, that the statement or information to which the prosecution relates was false or misleading, as the case may be.

Prosecutions

“30b. (1) Subject to sub-section (2), a prosecution for an offence against section 30a shall be on indictment.

“(2) Where a person is charged with an offence against section 30a, a court of summary jurisdiction may, with the consent of the defendant and of the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily, but, in that event, the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months.

“(3) For the purposes of this section, an offence created by section 5 or 7 of the Crimes Act 1914 shall, to the extent that it relates to an offence against section 30a, be deemed to be an offence against that section.”.