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Section 307A Crimes Act 1900
False or Misleading Applications

Section 307A of the Crimes Act is the offence of False or Misleading Applications and is extracted below.

If you are Charged with False or Misleading Applications and require Expert Legal Advice from an Experienced Criminal Defence Lawyer, call Sydney Criminal Lawyers® today on
(02) 9261 8881 to arrange a Free First Conference
.

If you wish to plead ‘not guilty’, our Senior Criminal Lawyers will fight hard to prove your innocence in court.

If you wish to plead ‘guilty’, we will use our vast experience to get you the best possible result in the circumstances, including ‘section 10 dismissals or conditional release orders’ where possible (no criminal record / conviction).

Our Results are consistently far better than those achieved by other criminal law firms.

The Legislation

Section 307A of the Crimes Act 1900 deals with the offence of ‘False or Misleading Applications’ and reads as follows:

307A False or misleading applications

(1) A person is guilty of an offence if:
(a) the person makes a statement (whether orally, in a document or in any other way), and
(b) the person does so knowing that, or reckless as to whether, the statement:
(i) is false or misleading, or
(ii) omits any matter or thing without which the statement is misleading, and
(c) the statement is made in connection with an application for an authority or benefit, and
(d) any of the following subparagraphs apply:
(i) the statement is made to a public authority,
(ii) the statement is made to a person who is exercising or performing any power, authority, duty or function under, or in connection with, a law of the State,
(iii) the statement is made in compliance or purported compliance with a law of the State.
Maximum penalty: Imprisonment for 2 years, or a fine of 200 penalty units, or both.

(2) Subsection (1) does not apply as a result of subsection (1) (b) (i) if the statement is not false or misleading in a material particular.

(3) Subsection (1) does not apply as a result of subsection (1) (b) (ii) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.

(4) The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.

(5) In this section:“application” includes any claim, request or other form of application and also includes, in the case of an application for an authority, any application for the issue, grant, amendment, transfer, renewal, restoration or replacement of the authority and any other application in connection with the authority.”authority” includes any licence, permit, consent, approval, registration or other form of authority.”benefit” includes any advantage and is not limited to property.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.


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