Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


Knowingly Making a False or Misleading Statement in an Application

Knowingly Making a False or Misleading Statement in an Application is an offence under Section 136.1(1) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 12 months in prison.

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

  1. You made an oral, written or other form of statement
  2. You knew the statement was false or misleading, or that an omission made it misleading
  3. The statement was made in, or in connection with, an application for a licence, permit, registration or authority, or an application or claim for a benefit, and
  4. The statement was made to a Commonwealth entity, or to a person exercising powers under, or in connection with, a Commonwealth law, or in compliance with, or purported compliance with, a Commonwealth law

The statement must be false or misleading, or the omission misleading, ‘in a material particular’ but if the prosecution proves any degree of false or misleading statement or omission you must then establish this was not misleading ‘in a material particular’ in order to disprove that part of the offence.

Defences to the charge include:

  1. Duress, and
  2. Necessity

What Our Clients Say SEE ALL

  • ★★★★★

    He will not disappoint you!

    I can't thank Jason enough for helping my son in his matter. Thank you Jason…

  • ★★★★★

    A non-conviction in a traffic case!

    Kent done a fabulous job, helped me to get a non-conviction in a traffic case!!

  • ★★★★★

    Others told me it would be a waste of time

    I highly recommend the services of Jason Koh from Sydney Criminal Lawyers. He obtained a…

  • ★★★★★

    A highly capable lawyer

    I highly recommend Kent Part for anyone in need of a criminal lawyer. He was…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)