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 135.4   Conspiracy to defraud  
Obtaining a gain

(1)    
A person commits an offence if:


(a) the person conspires with another person with the intention of dishonestly obtaining a gain from a third person; and


(b) the third 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 third person was a Commonwealth entity.

Causing a loss

(3)    
A person commits an offence if:


(a) the person conspires with another person with the intention of dishonestly causing a loss to a third person; and


(b) the third 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 third person was a Commonwealth entity.

(5)    
A person commits an offence if:


(a) the person conspires with another person to dishonestly cause a loss, or to dishonestly cause a risk of loss, to a third 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 third person is a Commonwealth entity.

Penalty: Imprisonment for 10 years.


(6)    
In a prosecution for an offence against subsection (5) , it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.

Influencing a Commonwealth public official

(7)    
A person commits an offence if:


(a) the person conspires with another person 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.

General provisions

(9)    
For a person to be guilty of an offence against this section:


(a) the person must have entered into an agreement with one or more other persons; and


(b) the person and at least one other party to the agreement must have intended to do the thing pursuant to the agreement; and


(c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

(10)    
A person may be found guilty of an offence against this section even if:


(a) obtaining the gain, causing the loss, causing the risk of loss, or influencing the Commonwealth public official, as the case may be, is impossible; or


(b) the only other party to the agreement is a body corporate; or


(c) each other party to the agreement is a person who is not criminally responsible; or


(d) subject to subsection (11) , all other parties to the agreement have been acquitted of the offence.

(11)    
A person cannot be found guilty of an offence against this section if:


(a) all other parties to the agreement have been acquitted of such an offence; and


(b) a finding of guilt would be inconsistent with their acquittal.

(12)    
A person cannot be found guilty of an offence against this section if, before the commission of an overt act pursuant to the agreement, the person:


(a) withdrew from the agreement; and


(b) took all reasonable steps to prevent the doing of the thing.

(13)    
A court may dismiss a charge of an offence against this section if the court thinks that the interests of justice require the court to do so.

(14)    
Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. However, before the necessary consent has been given, a person may be:


(a) arrested for an offence against this section; or


(b) charged with an offence against this section; or


(c) remanded in custody or released on bail in connection with an offence against this section.

 

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