Office Locations

Sydney Office

Level 3
127 York Street
Sydney NSW 2000

Melbourne Office

Level 4
99 William Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Unit 4
17-21 University Avenue
Canberra ACT 2601

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2014 Armstrong Legal. All rights reserved.

Phone 1300 154 509

Obtaining property by deception

Print

Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton
Andrew Tiedt

The maximum penalty for this offence is 10 years imprisonment and/or a $66,000 fine.

What court is likely to hear the matter

This matter is indictable and will be dealt with in the District Court.

If you think you may have breached a law or regulation in your role as an employee or company director, you need to seek urgent advice. Make sure your interests are fully protected. Talk to one of our team of specialist corporate crime lawyers today.

Common ways in which this might occur

  • You fabricate the existence of or aspects of a business in order to become eligible for a grant, subsidy or award from the Commonwealth;
  • You defraud a Commonwealth Agency such as Australia Post, perhaps whilst as an employee of Australia Post or some other Commonwealth Agency.
  • You use a fake identity to obtain social security, Veterans Affairs or other Commonwealth payments;

What the prosecution must prove - the elements of the offence:

  1. That you have obtained property belonging to the Commonwealth;
  2. There is a deception;
  3. The obtaining of the property is dishonest.

Absolute liability applies to whether the property is Commonwealth property or not. This means that it does not matter whether you knew it was Commonwealth property.

The Law

It is an offence under the Criminal Code (Commonwealth) to dishonestly obtain Commonwealth property by a deception with the intention of permanently depriving the Commonwealth of it.



Loading

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

Law 9000 Legal Best Practice Accredited Specialists Criminal Law CorpINTL Hitwise Top 10 Website Sydney Business Awards Winner 2011