PART 13OFFENCES

268Forgery, false statements etc

I11

A person commits an offence if the person—

a

makes, in a relevant document, an entry or statement which is false; and

b

does so knowing that the entry or statement is false or being reckless as to whether it is false.

I12

A person commits an offence if—

a

with intent to deceive, the person makes use of an entry or statement in a relevant document;

b

the entry or statement is false; and

c

the person knows it to be false.

3

In this section “relevant document” means any of the following—

I1a

a statement of incapacity for the purposes of section 13;

b

a relevant certificate (as defined by section 18) for the purposes of section 16 or 17 (second opinions);

I1c

a report under section 39 or any provision of Schedule 1, 2 or 3 (medical reports etc);

I1d

an application under Schedule 1, an authorisation granted by a panel under that Schedule, or an extension by a panel of such an authorisation;

e

an application under paragraph 4 of Schedule 4 (application for registration of lasting power of attorney);

f

a report under any provision of Part 10 (criminal justice).

I14

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

I15

The Department may by regulations amend subsection (3).