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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:

  1. You engaged in conduct that caused you or another to obtain a financial advantage
  2. You knew or believed that you or the other was not eligible to receive that financial advantage, and
  3. The advantage was obtained from a Commonwealth entity

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Having a claim of right over the property, which means you genuinely believed you were legally entitled to it

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