Making a False Statement for Entry into a Public Register
Making a false statement for entry into a public register is an offence under section 336(1) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You made a statement
- Your statement was related to an entry into a register kept by a public officer
- The register was kept for a public purpose
- You knew the statement was false or misleading in a material particular, and
- You did so for an improper purpose.
The statement may be oral or in writing.
A ‘public officer’ is any person working for a government department, statutory authority, local council or parliamentary body.
A register kept for a public purpose includes one kept by:
- The Roads and Maritime Service
- The Australian Taxation Office
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The Australian Securities and Investment Commission, or
- The Department of Home Affairs.
A materially false or misleading statement may include providing a false name, date or other detail which could influence decision-making.
An ‘improper purpose’ may include seeking a licence, visa, tax status or company registration when you are not entitled to it.
Duress is a defence to the charge.
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