Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.3 - Fraudulent conduct  

Division 135 - Other offences involving fraudulent conduct  

SECTION 135.1   General dishonesty   Obtaining a gain

(1)  


A person commits an offence if:


(a) the person does anything with the intention of dishonestly obtaining a gain from another person; and


(b) the other person is a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(2)  
In a prosecution for an offence against subsection (1) , it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity. Causing a loss

(3)  


A person commits an offence if:


(a) the person does anything with the intention of dishonestly causing a loss to another person; and


(b) the other person is a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4)  
In a prosecution for an offence against subsection (3) , it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

(5)  


A person commits an offence if:


(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another person; and


(b) the first-mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and


(c) the other person is a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(6)  
Absolute liability applies to the paragraph (5)(c) element of the offence. Influencing a Commonwealth public official

(7)  


A person commits an offence if:


(a) the person does anything with the intention of dishonestly influencing a public official in the exercise of the official ' s duties as a public official; and


(b) the public official is a Commonwealth public official; and


(c) the duties are duties as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(8)  
In a prosecution for an offence against subsection (7) , it is not necessary to prove that the defendant knew:


(a) that the official was a Commonwealth public official; or


(b) that the duties were duties as a Commonwealth public official.




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