Industry Research and Development Act 1986

S 44(1) repealed by No 137 of 2000, s 3 and Sch 2 item 245, effective 24 May 2001.

Act No 137 of 2000 contained the following transitional provisions, effective 24 May 2001:

S 44(1) formerly read:

44(1)
A person shall not knowingly obtain or attempt to obtain (whether for the person or for another person) subsidy that is not payable.

Penalty:

(a) in the case of a natural person - $10,000 or imprisonment for 5 years, or both; or

(b) in the case of a body corporate - $50,000.

S 44(2) repealed by No 137 of 2000, s 3 and Sch 2 item 245, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(2) formerly read:

44(2)
A person shall not, in or in relation to an application or in relation to an agreement under this Act:

(a) make to the Board or to a person exercising a power or performing a function or a duty in relation to this Act a statement, either orally or in writing, that is to the knowledge of the person false or misleading in a material particular; or

(b) give to the Board or to a person exercising a power or performing a function or duty in relation to this Act an account, book, document or other record that is to the knowledge of the person false or misleading in a material particular.

Penalty:

(a) in the case of a natural person - $1,000 or imprisonment for 6 months, or both; or

(b) in the case of a body corporate - $5,000.

S 44(3) repealed by No 137 of 2000, s 3 and Sch 2 item 245, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(3) formerly read;

44(3)
Where, in proceedings for an offence against subsection (1) or (2) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

S 44(4) repealed by No 137 of 2000, s 3 and Sch 2 item 245, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(4) formerly read:

44(4)
Any conduct engaged in on behalf of a corporation:

(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of subsections (1) and (2), to have been engaged in by the corporation.

S 44(5) repealed by No 137 of 2000, s 3 and Sch 2 item 245, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(5) formerly read:

44(5)
A reference in subsection (3) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

S 44(6) amended by No 63 of 2016, s 3 and Sch 1 item 35, by substituting " to which this Act relates " for " to which Ministerial directions under section 18A or 19 apply " in para (a), effective 20 October 2016. For application and transitional provisions, see note under Pt IV heading.

S 44(6) amended by No 15 of 2004, s 3 and Sch 1 item 30, by substituting all the words from and including " application for: " for " claim for subsidy " , effective 11 September 2004.

S 44(6) amended by No 137 of 2000, s 3 and Sch 2 item 246, by substituting " section 135.2 of the Criminal Code and an offence against section 136.1, 137.1 or 137.2 of the Criminal Code " for " or arising out of subsection (1) and an offence against or arising out of subsection (2) " , effective 24 May 2001. For transitional provisions see note under s 44(1).

S 44(8) repealed by No 137 of 2000, s 3 and Sch 2 item 247, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(8) formerly read:

44(8)
An offence against subsection (1) is an indictable offence.

S 44(9) repealed by No 137 of 2000, s 3 and Sch 2 item 247, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(9) formerly read:

44(9)
Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

S 44(10) repealed by No 137 of 2000, s 3 and Sch 2 item 247, effective 24 May 2001. For transitional provisions see note under s 44(1). S 44(10) formerly read:

44(10)
Where, in accordance with subsection (9), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is:

(a) if the person is a natural person - a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both; or

(b) if the person is a body corporate - a fine not exceeding $10,000.

S 44(11) repealed by No 15 of 2004, s 3 and Sch 1 item 31, effective 11 September 2004. S 44(11) formerly read:

44(11)
In this section, subsidy includes an advance in respect of a subsidy.