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Obtaining Property by Deception (NSW)

In New South Wales, obtaining property by deception is an offence under the Crimes Act 1900. It is one of the most common ‘fraud’ offences in New South Wales. The maximum penalty for this offence is 10 years imprisonment and/or a $66,000 fine.

What is obtaining property by deception?

A person may be charged with this offence if they obtain property, including money, by deception and the property belonged to the :

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

What the prosecution must prove

The prosecution must prove the following:

  1. That the accused obtained property belonging to the Commonwealth;
  2. There was a deception;
  3. The obtaining of the property was dishonest.

It does not matter whether the accused knew the property was Commonwealth property.

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