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Section 135.2 Criminal Code Act
Obtaining Financial Advantage

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

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

The Legislation

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.

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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