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Section 137.1 Criminal Code Act
False or Misleading Information

Section 137.1 of the Criminal Code Act 1995 (Cth) is False or Misleading Information and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your False or Misleading Information matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

137.1  False or misleading information

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

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

(b)  the person does so knowing that the information:

(i)  is false or misleading; or

(ii)  omits any matter or thing without which the information is misleading; and

(c)  any of the following subparagraphs applies:

(i)  the information is given to a Commonwealth entity;

(ii)  the information is given to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

(iii)  the information is given in compliance or purported compliance with a law of the Commonwealth.

Penalty:  Imprisonment for 12 months.

(1A)  Absolute liability applies to each of the subparagraph (1)(c)(i), (ii) and (iii) elements of the offence.

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

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).

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

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).

(4)  Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).

(5)  Subsection (1) does not apply as a result of subparagraph (1)(c)(ii) if, before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).

(6)  For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:

“Giving false or misleading information is a serious offence”.

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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