DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 (REPEALED)

CHAPTER 3 - INFRASTRUCTURE BORROWINGS  

PART 3 - CERTIFICATES  

Division 2 - Cancellation  

SECTION 93ZA   CANCELLATION - FALSE OR MISLEADING STATEMENTS ETC.  

93ZA(1)   False or misleading statements - Part 4 request not involved.  

If a certificate holder, in connection with the operation of this Chapter (other than Part 4 ):

(a) makes a statement, either orally or in writing, to the DAA or to an officer of the Department that is false or misleading in a material particular; or

(b) omits from a statement made, either orally or in writing, to the DAA or to an officer of the Department any matter or thing without which the statement is misleading in a material particular; or

(c) gives or produces a document or copy to the DAA or to an officer of the Department that contains information that is false or misleading in a material particular;

the DAA may, by written notice given to the holder, cancel the certificate.

93ZA(2)   False or misleading information given under Part 4.  

If a certificate holder, in compliance with a notice under Part 4 , gives information that is false or misleading in a material particular, the DAA may, by written notice given to the holder, cancel the certificate.

93ZA(3)   False or misleading documents given under Part 4.  

If a certificate holder, in compliance with a notice under Part 4 , produces a document, or gives a copy of a document, that, to the knowledge of the holder, is false or misleading in a material particular, the DAA may, by written notice given to the holder, cancel the certificate.

93ZA(4)   Subsection (3) does not apply if document accompanied by explanation.  

Subsection (3) does not apply to a certificate holder who produces a document, or gives a copy of a document, that, to the knowledge of the holder, is false or misleading in a material particular if the document or copy is accompanied by a written statement:

(a) stating that the document or copy is, to the knowledge of the holder, false or misleading in a material particular; and

(b) setting out, or referring to, the material particular in which the document or copy is, to the knowledge of the holder, false or misleading.

93ZA(5)   Imputed knowledge of bodies corporate and partnerships etc.  

For the purposes of subsections (3) and (4):

(a) an incorporated body is taken to know anything known by any of its directors or employees; and

(b) a corporate limited partnership is taken to know anything known by:

(i) if any of the partners is a natural person - that partner; and

(ii) if any of the partners is an incorporated body - any of the directors or employees of that partner; and

(c) a natural person is taken to know anything known by an employee of the natural person.