Section 145.5 Criminal Code Act | Giving Information from False Documents


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

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

The Legislation

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.

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
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