Education Amendment Act 2010

66 Offences concerning allowances

(1)

Section 307AA(1) is amended by omitting “(4)” and substituting “(5)”.

(2)

Section 307AA is amended by repealing subsections (2) and (2A) and substituting the following subsections:

(2)

A recipient or non-recipient commits an offence against this Act and is liable on summary conviction to a fine not exceeding $2,000 who refuses to comply with section 307(5).

(2A)

A recipient commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000 if he or she, for the purpose of receiving or continuing to receive a statutory allowance or student loan, or a statutory allowance at a particular rate or any amount of a student loan, other than that to which he or she is entitled,—

(a)

knowingly makes a false or misleading statement in an application for a statutory allowance or student loan; or

(b)

knowingly makes a false or misleading statement in a notification of a change in the recipient’s circumstances that materially affects his or her entitlement at any time—

(i)

to a statutory allowance or student loan; or

(ii)

to be paid a statutory allowance at a particular rate or a particular amount of a student loan; or

(c)

wilfully fails to comply with section 307(6).