Criminal Code Act 1995
Schedule
-
The Criminal Code
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.
(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.
(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.
(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.
(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.
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 dishonestyObtaining 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.
View history note
Hide history note(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.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.