Section 90YZW — Family Law Act 1975: False declarations

(1) A person commits an offence if: (a) the person makes a statement in a declaration, knowing that the statement is false or misleading; and (b) the declaration is served on the trustee of an eligible superannuation plan for the purposes of this Part. Penalty: Imprisonment for 12 months. (2) Subsection (1) does not apply if the statement is not false or misleading in a material particular. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) does not apply in relation to a declaration if a party to the de facto relationship to whom the declaration relates died before the declaration was made. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).