7.1.3 Offences Against Parts 7.3 & 7.4 of the Criminal Code
This section is about offences against Criminal Code Act 1995 Parts 7.3 (Fraudulent conduct) and 7.4 (False or misleading statements).
If a person is convicted of an offence against Parts 7.3 or 7.4 of the Criminal Code in relation to the PPLAct, the court may impose a penalty and order the person to pay the Commonwealth an amount equal to any amount paid to, or in relation to, the person by way of an instalment of PLP, a PPL funding amount or DAPP because of the act, failure or omission that constituted the offence.
Evidentiary effect of Centrelink's certificate
When the court orders the person to pay reparation to the Commonwealth as specified above, a certificate signed by Centrelink is evidence of the matters set out in the certificate. This certificate may specify to whom an instalment of PLP or a PPL funding amount or DAPP has been paid, the amount paid, and the act, failure or omission that caused the amount to be paid.
Where the court makes an order and gives a certificate specifying an amount to be paid to the Commonwealth, and the certificate is filed in a court which has civil jurisdiction to the extent of the amount to be paid, the certificate is enforceable as a final judgement of that court.
If a person is convicted of more than one offence against the Criminal Code Parts 7.3 or 7.4 above in relation to the PPLAct, the Court may impose one penalty for all the offences. That single penalty must not exceed the sum of the maximum penalties that could be imposed if a separate penalty were imposed for each offence.
More than one charge may be included in the one complaint, information or declaration if they are founded on the same facts or they form a series, or are part of a series of offences of the same or a similar character. However, particulars of each offence charged are to be set out separately. If the charges are joined in this way, the charges must be tried together unless the court considers it just that any of them should be tried separately and makes an order to that effect.