DEVELOPMENT ALLOWANCE AUTHORITY ACT 1980 (ARCHIVE)

CHAPTER 2 - DEVELOPMENT ALLOWANCE  

PART 8 - CANCELLATION OR TERMINATION OF REGISTRATION OR CERTIFICATE  

SECTION 82 (ARCHIVE)   CANCELLATION - FALSE OR MISLEADING STATEMENTS ETC.  

82(1)   False or misleading statements - Part 7 request not involved.  

If an entity, in connection with the operation of this Act (other than Part 7 ):

(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 entity, cancel:

(d) any registration of plant expenditure in the name of the entity; or

(e) a certificate held by the entity (even if the certificate has been terminated).

82(2)   False or misleading information given under Part 7.  

If an entity, in compliance with a notice under Part 7 , gives information that is false or misleading in a material particular, the DAA may, by written notice given to the entity, cancel:

(a) any registration of plant expenditure in the name of the entity; or

(b) a certificate held by the entity (even if the certificate has been terminated).

82(3)   False or misleading documents given under Part 7.  

If an entity, in compliance with a notice under Part 7 , produces a document, or gives a copy of a document, that, to the knowledge of the entity, is false or misleading in a material particular, the DAA may, by written notice given to the entity, cancel:

(a) any registration of plant expenditure in the name of the entity; or

(b) a certificate held by the entity (even if the certificate has been terminated).

82(4)   Subsection (3) does not apply if document accompanied by explanation.  

Subsection (3) does not apply to an entity who produces a document, or gives a copy of a document, that, to the knowledge of the entity, 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 entity, 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 entity, false or misleading.

82(5)   Imputed knowledge of bodies corporate and partnerships etc.  

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

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

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

(i) if any of the partners are natural persons - any such partner; and

(ii) if any of the partners are bodies corporate - any of the directors or employees of any such partner; and

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