benefit includes any advantage and is not limited to property.
Division 137—False or misleading information or documents
137.1 False or misleading information
(1) A person commits an offence if:
(a) the person gives information to another person; and
(b) the person does so knowing that the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is misleading; and
(c) any of the following subparagraphs applies:
(i) the information is given to a Commonwealth entity;
(ii) the information is given to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;
(iii) the information is given in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(1A) Absolute liability applies to each of the subparagraph (1)(c)(i), (ii) and (iii) elements of the offence.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the information is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
(4) Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3).
(5) Subsection (1) does not apply as a result of subparagraph (1)(c)(ii) if, before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3).
(6) For the purposes of subsections (4) and (5), it is sufficient if the following form of words is used:
“Giving false or misleading information is a serious offence”.
137.1A Aggravated offence for giving false or misleading information
(1) A person commits an offence if:
(a) the person commits an offence against subsection 137.1(1) (the underlying offence); and
(b) the information given in committing the underlying offence was given in relation to an application for, or the maintenance of, an Australian Government security clearance.
Penalty: Imprisonment for 5 years.
(2) There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described) for the underlying offence.
(3) To avoid doubt:
(a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and
(b) a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.
Alternative verdicts
(4) If, on a trial of a person for an offence against subsection (1), the trier of fact:
(a) is not satisfied that the person is guilty of that offence; and
(b) is satisfied beyond reasonable doubt that the person is guilty of the underlying offence;
it may find the person not guilty of the offence against subsection (1) but guilty of the underlying offence.
(5) Subsection (4) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the underlying offence.
References to section 137.1
(6) A reference in any law to section 137.1 is taken to include a reference to this section.
137.2 False or misleading documents
(1) A person commits an offence if:
(a) the person produces a document to another person; and
(b) the person does so knowing that the document is false or misleading; and
(c) the document is produced in compliance or purported compliance with a law of the Commonwealth.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
(a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).
137.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Part 7.5—Unwarranted demands
Division 138—Preliminary
138.1 Unwarranted demand with menaces
(1) For the purposes of this Part, a person (the first person) makes an unwarranted demand with menaces of another person if, and only if:
(a) the first person makes a demand with menaces of the other person; and
(b) the first person does not believe that he or she has reasonable grounds for making the demand; and
(c) the first person does not reasonably believe that the use of the menaces is a proper means of reinforcing the demand.
(2) This Part applies to a demand whether or not it is for property.
(3) This Part applies to a demand with menaces, whether or not the menaces relate to conduct to be engaged in by the person making the demand.
138.2 Menaces
(1) For the purposes of this Part, menaces includes:
(a) a threat (whether express or implied) of conduct that is detrimental or unpleasant to another person; or
(b) a general threat of detrimental or unpleasant conduct that is implied because of the status, office or position of the maker of the threat.
Threat against an individual
(2) For the purposes of this Part, a threat against an individual is taken not to be menaces unless:
(a) both:
(i) the threat would be likely to cause the individual to act unwillingly; and
(ii) the maker of the threat is aware of the vulnerability of the individual to the threat; or
(b) the threat would be likely to cause a person of normal stability and courage to act unwillingly.
Threat against a person who is not an individual
(3) For the purposes of this Part, a threat against a person who is not an individual is taken not to be menaces unless:
(a) the threat would ordinarily cause an unwilling response; or
(b) the threat would be likely to cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware.
Division 139—Unwarranted demands
139.1 Unwarranted demands of a Commonwealth public official
A person commits an offence if:
(a) the person makes an unwarranted demand with menaces of another person; and
(b) the demand or the menaces are directly or indirectly related to:
(i) the other person’s capacity as a Commonwealth public official; or
(ii) any influence the other person has in the other person’s capacity as a Commonwealth public official; and
(c) the first‑mentioned person does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing the official in the exercise of the official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
139.2 Unwarranted demands made by a Commonwealth public official
A Commonwealth public official commits an offence if:
(a) the official makes an unwarranted demand with menaces of another person; and
(b) the demand or the menaces are directly or indirectly related to:
(i) the official’s capacity as a Commonwealth public official; or
(ii) any influence the official has in the official’s capacity as a Commonwealth public official; and
(c) the official does so with the intention of:
(i) obtaining a gain; or
(ii) causing a loss; or
(iii) influencing another Commonwealth public official in the exercise of the other official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 12 years.
139.3 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction—category C) applies to each offence against this Division.
Part 7.6—Bribery and related offences
Division 140—Preliminary
140.1 Definition
In this Part:
benefit includes any advantage and is not limited to property.
140.2 Obtaining
(1) For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first‑mentioned person induces a third person to do something that results in the other person obtaining the benefit.
(2) The definition of obtaining in section 130.1 does not apply to this Part.
Division 141—Bribery
141.1 Bribery of a Commonwealth public official
Giving a bribe
(1) A person commits an offence if:
(a) the person dishonestly:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
(b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official’s duties as a public official; and
(c) the public official is a Commonwealth public official; and
(d) the duties are duties as a Commonwealth public official.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
Receiving a bribe
(3) A Commonwealth public official commits an offence if:
(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the official does so with the intention:
(i) that the exercise of the official’s duties as a Commonwealth public official will be influenced; or
(ii) of inducing, fostering or sustaining a belief that the exercise of the official’s duties as a Commonwealth public official will be influenced.
Geographical jurisdiction
(4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (3).
Penalty for individual
(5) An offence against subsection (1) or (3) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.
Penalty for body corporate
(6) An offence against subsection (1) or (3) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:
(a) 100,000 penalty units;
(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence—3 times the value of that benefit;
(c) if the court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.
(7) For the purposes of this section, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during that period, other than the following supplies:
(a) supplies made from any of those bodies corporate to any other of those bodies corporate;
(b) supplies that are input taxed;
(c) supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999);
(d) supplies that are not made in connection with an enterprise that the body corporate carries on.
(8) Expressions used in subsection (7) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in that subsection as they have in that Act.
(9) The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this section in the same way as for the purposes of the Corporations Act 2001.
Division 142—Offences relating to bribery
142.1 Corrupting benefits given to, or received by, a Commonwealth public official
Giving a corrupting benefit
(1) A person commits an offence if:
(a) the person dishonestly:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the official’s duties as a public official; and
(c) the public official is a Commonwealth public official; and
(d) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.
Receiving a corrupting benefit
(3) A Commonwealth public official commits an offence if:
(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and
(b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first‑mentioned official) in the exercise of the official’s duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
Benefit in the nature of a reward
(4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.
142.2 Abuse of public office
(1) A Commonwealth public official commits an offence if:
(a) the official:
(i) exercises any influence that the official has in the official’s capacity as a Commonwealth public official; or
(ii) engages in any conduct in the exercise of the official’s duties as a Commonwealth public official; or
(iii) uses any information that the official has obtained in the official’s capacity as a Commonwealth public official; and
(b) the official does so with the intention of:
(i) dishonestly obtaining a benefit for himself or herself or for another person; or
(ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if:
(a) the person has ceased to be a Commonwealth public official in a particular capacity; and
(b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and
(c) the person does so with the intention of:
(i) dishonestly obtaining a benefit for himself or herself or for another person; or
(ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 5 years.
(3) Paragraph (2)(a) applies to a cessation by a person:
(a) whether or not the person continues to be a Commonwealth public official in some other capacity; and
(b) whether the cessation occurred before, at or after the commencement of this section.
142.3 Geographical jurisdiction
Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.
Part 7.7—Forgery and related offences
Division 143—Preliminary
143.1 Definitions
(1) In this Part:
document includes:
(a) any paper or other material on which there is writing; or
(b) any paper or other material on which there are marks, figures, symbols or perforations that are:
(i) capable of being given a meaning by persons qualified to interpret them; or
(ii) capable of being responded to by a computer, a machine or an electronic device; or
(c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.
false Commonwealth document has the meaning given by section 143.3.
false document has the meaning given by section 143.2.
information means information, whether in the form of data, text, sounds, images or in any other form.
(2) The following are examples of things covered by the definition of document in subsection (1):
(a) a credit card;
(b) a debit card;
(c) a card by means of which property can be obtained.
143.2 False documents
(1) For the purposes of this Part, a document is a false document if, and only if: