Section 145.5 Criminal Code Act | Giving Information from False Documents


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The Legislation

Section 145.5 of the Criminal Code Act 1995 (Cth) is Giving Information from False Documents and is extracted below.

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145.5  Giving information derived from false or misleading documents

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

(a)  the person dishonestly gives information to another person; and

(b)  the information was derived, directly or indirectly, from a document that, to the knowledge of the first-mentioned person, is false or misleading in a material particular; and

(c)  the document is:

(i)  kept, retained or issued for the purposes of a law of the Commonwealth; or

(ii)  made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or

(iii)  held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and

(d)  the first-mentioned person does so with the intention of:

(i)  obtaining a gain; or

(ii)  causing a loss.

Penalty:  Imprisonment for 7 years.

(1A)  Absolute liability applies to the paragraph (1)(c) element of the offence.

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

(a)  the person dishonestly gives information to another person; and

(b)  the information was derived, directly or indirectly, from a document that, to the knowledge of the first-mentioned person, is false or misleading in a material particular; and

(c)  the first-mentioned person does so with the intention of:

(i)  obtaining a gain from another person; or

(ii)  causing a loss to another person; and

(d)  the other person is a Commonwealth entity.

Penalty:  Imprisonment for 7 years.

(3)        In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.