Going to Court? Book Your Free First Appointment

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

  • ★★★★★

    Very professional. Very good result

    Had Court today Salam Shammu represented me. Very professional. Very good result. Salam worked really…

  • ★★★★★

    Best possible outcome on a very sensitive case

    This is a gesture of appreciation, not only from myself but also on behalf of…

  • ★★★★★

    Very helpful and supportive all through out the whole process

    Very happy with the outcome towards the end of a very difficult situation. I will…

  • ★★★★★

    Great professionalism and empathy

    My experience with Sydney Criminal Lawyers was one of great professionalism and empathy. Our lawyer…

Going to Court? Call For Your Free First Appointment