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Home Blog Fraud Offences and Penalties in the Australian Capital Territory (ACT)

Fraud Offences and Penalties in the Australian Capital Territory (ACT)

When you dishonestly do something with a dishonest intention, it is considered fraud. Fraud is an offence that is duly recognised by the Criminal Code Act 2002; it regards as an offence within the vicinity of the Australian Capital Territory.

There are several fraud offences in the Australian Capital Territory; these fraud offences are recognised under the law of the ACT. They came under part 3.3 of the Criminal Code Act 2002 of the Australian Capital Territory (ACT). Various conditions and penalties for these fraud offences are explained in the below content.

If there is a conviction in the court, a fraud offence will show up on an individual's national police check in the ACT.

Fraud Offences in the Australian Capital Territory:

Part 3.3 of the Criminal Code Act 2002 of Australian Capital Territory (ACT) covers a large portion of offences that are fraud-based; they include the following offences,

Criminal Code Act 2002

The Criminal Code Act 2002 is the general penal code of the Australian Capital Territory. All offences are explained with penalties in the Criminal Code Act 2002 of the Australian Capital Territory (ACT).

  1. Obtaining Property by Deception:

It is a kind of offence in which a person acquires property that belongs to someone else. The property is received for the purpose and to permanently deprive the owner of their property. Such offence is termed Obtaining Property by Deception in the Criminal Code Act 2002.

Section 326

Section 326 of the Criminal Code Act 2002 of Australian Capital Territory (ACT) deals with obtaining property by deception.

According to Section 326, if a person obtains a property that belongs to someone else through dishonesty, deception, intending to deprive the property owner permanently. Such offence is termed as obtaining property by deception.

Section 327 of the Act outlines that if a person obtains a property that belongs to another person, although the person is willing to pay for the property, it will be termed dishonesty.

Maximum Penalty

The penalty for this offence is ten (10) years of imprisonment or a fine of $150,000 or both.

It should also be noted that any offence that stipulates a penalty over 30 months imprisonment generally does not qualify for the spent convictions scheme and will always show up on a national criminal history check.

  1. Obtaining financial advantage by deception:

Obtaining financial advantage by deception is almost similar to getting property through deception. According to the Act, the same maximum penalty applies.

If a person dishonestly obtains a financial advantage from someone else through deception, they will be guilty of getting a financial benefit through deception.

The requirements for obtaining property through deception are set equally for obtaining financial advantage by deception. One thing to be noted in obtaining financial advantage by deception is that there is no specific requirement for establishing and finding an intention of permanently depriving others.

Financial advantage is not clearly explained in the Criminal Code Act 2002. However, the specific section provides that it only relates to either permanent or temporary financial advantage.

Section 332

Section 332 of the Criminal Code Act 2002 deals with obtaining a financial advantage by deception. It states that “If a person obtains a financial advantage from any person through deception or dishonesty, he has committed an offence."

Maximum Penalty

The maximum penalty for obtaining a financial advantage by deception in the Criminal Code Act 2002 of Australian Capital Territory (ACT) is 1000 penalty units or imprisonment of 10 years or both.

  1. General Dishonesty

The offence of general dishonesty is committed if someone commits an offence to dishonestly obtain a financial or non-financial gain from another person or cause a loss to the victim. In section 300, the words loss and gain are defined to determine temporary and permanent outcomes.

Dishonesty means dishonest behavior according to the offender and according to the standards of ordinary people.

Section 333 outlines General Dishonesty as;

  1. An offence is committed by a person if;
    1. If again from someone else is obtained with a dishonest intention, and
    2. The victim or other person belongs to or is a territory.

  2. To sub-section (1)(b), absolute liability applies.
  3. An offence is committed by a person if,
    1. If dishonest intention by a person causes a loss to someone else,
    2. The territory is the nature of the other person,

  4. To sub-section (3)(b) absolute liability applies,
  5. An offence is committed by a person if,
    1. The person;
      1. Dishonestly cause a risk of loss or a loss to someone, and
      2. Believes or knows that a loss will happen, or that a substantial risk of the loss is there,
    2. The other person is a territory.

  6. To sub-section (5)(b) absolute liability applies,

Maximum Penalty

According to Section 333 of The Criminal Code Act 2002, the maximum penalty for the offence of dishonesty is five years of imprisonment and a 500 penalty unit’s fine or both.

  1. Conspiracy to Defraud

If a person is found guilty of conspiring with a third party to obtain illegal gain or a dishonest intended gain from someone, they are guilty of conspiracy to defraud.

The terms of dishonesty and gain are considered the ones with the same meaning.

Section 334 of the Criminal Code Act 2002 deals with conspiracy to defraud:

  1. A person commits conspiracy to defraud if he is found guilty of conspiring with the third party for intended dishonest gain from someone.
  2. A person will be guilty if he conspires with someone and dishonestly to cause loss to a third party.
  3. An offence is committed by a person if;
    1. He conspires with someone to dishonestly cause a risk of loss or a loss to a third party.
    2. He believes or knows that there is a risk of loss or that the loss will happen.
  4. If a person conspires with another party, with dishonest intention to cause an influence on a public official in his official duty.

Maximum Penalty

The maximum penalty for conspiracy to defraud is imprisonment for ten years, 1000 penalty units, or both.

Do Fraud offences show up on a police check in the ACT?

Where an individual is convicted for the offence of fraud in the ACT, the offence will show up as a disclosable court outcome (DCO) on their NCCHC police check.

You can obtain your criminal background check online via the Australian National Character Check (ANCC®) website.

Sources

Criminal Code Act 2002 (ACT) - https://www.legislation.act.gov.au/a/2002-51/

Commonwealth Director of Public Prosecutions - https://www.cdpp.gov.au/crimes-we-prosecute/fraud/general-fraud

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