Criminal Code Act 1995
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.
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