Every state and territory of Australia has offences involving dishonestly gaining property or a financial advantage. This is known as fraud, deception, or acquiring a financial advantage dishonestly. These offences are serious and can attract lengthy terms of imprisonment. This page deals with fraud offences in the different states and territories of Australia.

Fraud in Queensland

In Queensland, section 408C of the Criminal Code 1899 contains a general offence relating to fraud. This offence carries a maximum sentence of five years imprisonment, or 12 years in certain cases such as where the offence is committed against an employer. If the value of the property involved is more than $100 000 or the accused is carrying on a business of committing the offence, the maximum penalty is 20 years imprisonment.

A person commits fraud in Queensland if they dishonestly:

  • Use property belonging to another person;
  • Use property belonging to them but subject to a trust, direction or condition on account of another person;
  • Obtain property from a person;
  • Induce a person to deliver property to a person;
  • Gaina benefit or advantage for a person;
  • Cause a detriment to a person;
  • Induce a person to do an act that they are lawfully entitled not to do;
  • Induce a person not to do an act that they are lawfully entitled to do;
  • Makes off without paying for a service lawfully provided.

Fraud in New South Wales

In New South Wales, section 192E of the Crimes Act 1900 makes it an offence to dishonestly:

  • Obtain property belonging to another;
  • Obtain a financial advantage or cause a financial disadvantage.

This is punishable by a maximum penalty of imprisonment for 10 years.

Under section 4B of the Crimes Act 1900, dishonesty is to be assessed according to the standards of ordinary people.

Obtaining by deception in the ACT

In the ACT, offences relating to fraudulent conduct are contained in the Criminal Code 2002.

In the ACT, obtaining property by deception is an offence under section 326 of the Criminal Code 2002. Obtaining a financial advantage by deception is an offence under section 332 of the Criminal Code 2002 in the ACT.

Both of these offences carry a maximum penalty of a fine of 1000 penalty units or imprisonment for 10 years, or both.

Obtaining by deception in Victoria

In Victoria, the Crimes Act 1958 makes it an offence to obtain financial advantage by deception (section 82) or to obtain property by deception (section 81). These offences can attract a penalty of up to 10 years imprisonment.

Fraud in Western Australia

In WA, the generally offence of fraud is contained in section 409 of the Criminal Law Consolidation Act 1913.

A person is guilty of this offence if, with intent to defraud, by deceit, or any fraudulent means, they:

  • Obtain property from a person;
  • Induce a person to deliver property to a person;
  • Gaina benefit from a person;
  • Cause a detriment to a person;
  • Induce a person to do ac act that they are lawfully entitled not to do;
  • Induce a person not to do an act that they are lawfully entitled to do.

Fraud is punishable by up to seven years imprisonment, or if the victim is aged over 60, up to 10 years imprisonment.

In WA, fraud can be dealt with as a summary offence where the value of the property involved is no more than $50,000. Lower maximum penalties apply to summary offences of fraud.

Deception in South Australia

In South Australia, the offence of deception is contained in section 139 of the Criminal Law Consolidation Act 1935. The offence is punishable by up to 10 years imprisonment, or 15 years if the offence is aggravated.

A person commits the offence of deception if they:

  • Dishonestly benefits themselves or a third party;
  • Dishonestly causes a detriment to a person.

Criminal deception in the Northern Territory

In the NT, the offence of obtaining property by deception is contained in section 228AH of the Criminal Code 1983 and the offence of obtaining financial advantage by deception is contain in section 228AK. Both offences attract a maximum penalty of 10 years imprisonment.

Acquiring a financial advantage in Tasmania

In Tasmania, the offence of acquiring a financial advantage dishonestly is a crime under section 252A of the Criminal Code 1924. It can attract the standard maximum penalty for indictable offences in Tasmania, which is 21 years imprisonment.

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