Section 135.2 Criminal Code Act | Obtaining Financial Advantage


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The Legislation

Section 135.2 of the Criminal Code Act 1995 (Cth) is Obtaining Financial Advantage and is extracted below.

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135.2  Obtaining financial advantage

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

(a)  the person engages in conduct; and

(aa)  as a result of that conduct, the person obtains a financial advantage for himself or herself from another person; and

(ab)  the person knows or believes that he or she is not eligible to receive that financial advantage; and

(b)  the other person is a Commonwealth entity.

Penalty:  Imprisonment for 12 months.

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

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

(a)  the person engages in conduct; and

(aa)  as a result of that conduct, the person obtains a financial advantage for another person from a third person; and

(ab)  the person knows or believes that the other person is not eligible to receive that financial advantage; and

(b)  the third person is a Commonwealth entity.

Penalty:  Imprisonment for 12 months.

(2A)  Absolute liability applies to the paragraph (2)(b) element of the offence.

(3)  For the purposes of subsection (2), a person is taken to have obtained a financial advantage for another person from a Commonwealth entity if the first-mentioned person induces the Commonwealth entity to do something that results in the other person obtaining the financial advantage.

(4)  The definition of obtaining in section 130.1 does not apply to this section.