Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.4 - False or misleading statements  

Division 136 - False or misleading statements in applications  

SECTION 136.1   False or misleading statements in applications  
Knowledge

(1)    
A person commits an offence if:

(a) the person makes a statement (whether orally, in a document or in any other way); and

(b) the person does so knowing that the statement:

(i) is false or misleading; or

(ii) omits any matter or thing without which the statement is misleading; and

(c) the statement is made in, or in connection with:

(i) an application for a licence, permit or authority; or

(ii) an application for registration; or

(iii) an application or claim for a benefit; and

(iv) (Repealed by No 170 of 2012)

(d) any of the following subparagraphs applies:

(i) the statement is made to a Commonwealth entity;

(ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty: Imprisonment for 12 months.

(1A)    
Absolute liability applies to each of the subparagraph (1)(d)(i) , (ii) and (iii) elements of the offence.

(2)    
Subsection (1) does not apply as a result of subparagraph (1)(b)(i) 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 subsection (2) . See subsection 13.3(3) .

(3)    
Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) . See subsection 13.3(3) .

Recklessness

(4)    
A person commits an offence if:

(a) the person makes a statement (whether orally, in a document or in any other way); and

(b) the person does so reckless as to whether the statement:

(i) is false or misleading; or

(ii) omits any matter or thing without which the statement is misleading; and

(c) the statement is made in, or in connection with:

(i) an application for a licence, permit or authority; or

(ii) an application for registration; or

(iii) an application or claim for a benefit; and

(iv) (Repealed by No 170 of 2012)

(d) any of the following subparagraphs applies:

(i) the statement is made to a Commonwealth entity;

(ii) the statement is made to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

(iii) the statement is made in compliance or purported compliance with a law of the Commonwealth.

Penalty: Imprisonment for 6 months.

(4A)    
Absolute liability applies to each of the subparagraph (4)(d)(i) , (ii) and (iii) elements of the offence.

(5)    
Subsection (4) does not apply as a result of subparagraph (4)(b)(i) 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 subsection (5) . See subsection 13.3(3) .

(6)    
Subsection (4) does not apply as a result of subparagraph (4)(b)(ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (6) . See subsection 13.3(3) .

Alternative verdicts

(7)    
If, in a prosecution for an offence against subsection (1) , the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (4) , the trier of fact may find the defendant not guilty of the offence against subsection (1) but guilty of the offence against subsection (4) , so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Geographical jurisdiction

(8)    
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against subsection (1) or (4) .

Definitions

(9)    

In this section:

benefit
includes any advantage and is not limited to property.

wheat export accreditation scheme
(Repealed by No 170 of 2012)