Section 135.1(3) Criminal Code Act | Dishonestly Causing a Loss


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The Legislation

Section 135.1(3) of the Criminal Code Act 1995 (Cth) is Dishonestly Causing a Loss and is extracted below.

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Causing a loss

(3)  A person is guilty of an offence if:

(a)  the person does anything with the intention of dishonestly causing a loss to another person; and

(b)  the other person is a Commonwealth entity.

Penalty:  Imprisonment for 5 years.

(4)  In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

(5)  A person is guilty of an offence if:

(a)  the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another person; and

(b)  the first-mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and

(c)  the other person is a Commonwealth entity.

Penalty:  Imprisonment for 5 years.

(6)  Absolute liability applies to the paragraph (5)(c) element of the offence.