Obtaining a Financial Advantage
Obtaining a Financial Advantage is an offence under Section 135.2 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:
- You engaged in conduct that caused you or another to obtain a financial advantage
- You knew or believed that you or the other was not eligible to receive that financial advantage, and
- The advantage was obtained from a Commonwealth entity
Defences to the charge include:
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