(1)  A person must not –

(a) in a certificate, return, declaration or other document given or sent to, or lodged with, the Commission by or on behalf of that person for the purposes of these regulations –

(i) knowingly provide information that is false or misleading; or

(ii) knowingly withhold any relevant information; or

(b) for the purposes of a medical examination required to be undergone under these regulations –

(i) knowingly provide the medical practitioner who makes the examination with information as to the state of the person's health or medical history that is false or misleading; or

(ii) knowingly withhold any relevant information.

Penalty:  Fine not exceeding 50 penalty units.

(2)  If a person is convicted of an offence under subregulation (1) , the Commission may –

(a) in the case of a contributor, determine –

(i) that the person immediately ceases to be a contributor and is not eligible, either permanently or for any period that the Commission determines, to contribute to the Fund; or

(ii) if contributions have not commenced, that the person is not eligible to commence contributing to the Fund either permanently or for any period that the Commission determines; or

(b) in the case of a pensioner, determine that his or her pension is cancelled immediately; or

(c) in the case of a person other than a contributor or pensioner, determine that the person is not eligible to commence contributing to the Fund, either permanently or for any period that the Commission determines.

(3)  If the Commission has determined, under subregulation (2) , that a contributor who has been convicted of an offence under subregulation (1) should cease to be a member of the contributory scheme, the Commission must, as soon as practicable, transfer –

(a) to an account, in the name of the contributor, in a complying superannuation scheme elected by that contributor; or

(b) if an election is not made under paragraph (a) within a reasonable period determined by the Commission – to an eligible rollover fund chosen by the Commission –

a lump sum benefit calculated in accordance with the formula in regulation 42 .

(4)  For the purposes of subregulation (3) , any employer superannuation contributions payable are to be paid by the relevant Agency.