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Intending to Deceive Members or Creditors by False or Misleading Statement

Intending to deceive members or creditors by false or misleading statement is an offence under section 192H of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were an officer of an organisation
  2. You made or published, or concurred with making or publishing, a statement you knew was, or could be, false or misleading in a material particular
  3. You did so dishonestly, and
  4. You did so with the intention of deceiving the organisation’s members or creditors about the state of the organisation’s affairs.

‘Officer’ includes any member of the organisation who is concerned in its management, as well as any person purporting to act in that capacity.

‘Organisation’ includes any company or unincorporated association.

‘Creditor’ includes any person who has entered security for the organisation’s benefit.

‘Dishonesty’ is determined according to the standards of ordinary people, and known by you to be dishonest according to those standards.

‘Deception’ includes any deception, by words or conduct, as to fact or law, including:

  1. Deception as to your intentions or those of another, and
  2. Causing a computer, machine or electronic device to make a response you were not authorised to make.

‘Statement’ includes both written and verbal statements.

Duress is a defence to the charge.

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