Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.7 - Forgery and related offences  

Division 145 - Offences relating to forgery  

SECTION 145.5   Giving information derived from false or misleading documents  

(1)    
A person commits an offence if:

(a) the person dishonestly gives information to another person; and

(b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first-mentioned person, is false or misleading in a material particular; and

(c) the document is:

(i) kept, retained or issued for the purposes of a law of the Commonwealth; or

(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or

(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and

(d) the first-mentioned person does so with the intention of:

(i) obtaining a gain; or

(ii) causing a loss.

Penalty: Imprisonment for 7 years.

(1A)    
Absolute liability applies to the paragraph (1)(c) element of the offence.

(2)    
A person commits an offence if:

(a) the person dishonestly gives information to another person; and

(b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first-mentioned person, is false or misleading in a material particular; and

(c) the first-mentioned person does so with the intention of:

(i) obtaining a gain from another person; or

(ii) causing a loss to another person; and

(d) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

(3)    
In a prosecution for an offence against subsection (2) , it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.