New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 103EA

103EA False or misleading applications for insurance

(1) A person must not, in connection with an application to a licensed insurer for insurance under this Part, make a statement (whether orally, in a document or in any other way) knowing that, or being reckless as to whether, the statement--

(a) is false or misleading, or

(b) omits any matter or thing without which the statement is misleading.

: Maximum penalty--200 penalty units.

(2) Subsection (1) does not apply as a result of subsection (1)(a) if the statement is not false or misleading in a material particular.

(3) Subsection (1) does not apply as a result of subsection (1)(b) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

(4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.