Using or Giving your Principal a False or Misleading Document
Using or Giving Your Principal a False or Misleading Document is an offence under section 249C(1) of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were an agent
- You used or gave your principal a document
- The document contained false or misleading information, and
- You intended by your conduct to defraud your principal.
An ‘agent’ includes:
- Any person employed by, or acting for, another person in any capacity
- Any person purporting to be, or intending to become, employed by another person
- Any person purporting to act, or intending to act, for another person
- A police officer
- A councillor of local government
- A councillor of an Aboriginal Land Council, and
- A board member of an Aboriginal Land Council.
The essential elements of fraud are:
- That by a deception
- You acted dishonestly, and
- Your actions caused you to obtain a financial advantage or caused another to suffer a financial disadvantage.
The fact that your conduct was customary in the trade, business, profession or calling is not a defence to the charge.
Duress is a defence to the charge.
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