334Conspiracy to defraud

334 Conspiracy to defraud (1) A person commits an offence if the person conspires with someone else with the intention of dishonestly obtaining a gain from a third person. (2) A person commits an offence if the person conspires with someone else with the intention of dishonestly causing a loss to a third person. (3) A person commits an offence if the person— (a) conspires with someone else to dishonestly cause a loss, or a risk of loss, to a third person; and (b) knows or believes that the loss will happen, or that there is a substantial risk of the loss happening.

(4) A person commits an offence if the person conspires with someone else with the intention of dishonestly influencing a public official in the exercise of the official’s duty as a public official. (5) A person commits an offence against this section (conspiracy to defraud) only if— (a) the person enters into an agreement with at least 1 other person; and (b) the person and at least 1 other party to the agreement intend to do the thing under the agreement; and (c) the person or at least 1 other party to the agreement commits an overt act under the agreement. (6) A person may be found guilty of conspiracy to defraud even if— (a) it was impossible to obtain the gain, cause the loss or risk of loss, or influence the public official; or (b) the person and each other party to the agreement is a corporation; or (c) each other party to the agreement is— (i) a person who is not criminally responsible; or (ii) for an agreement to commit an offence—a person for whose benefit or protection the offence exists; or (d) all other parties to the agreement are acquitted of the offence (unless to find the person guilty would be inconsistent with their acquittal).

Summary offences for pt 3.3 Division 3.3.4 (7) A person must not be found guilty of conspiracy to defraud if, before the commission of an overt act under the agreement, the person— (a) withdrew from the agreement; and (b) took all reasonable steps to prevent the doing of the thing. (8) A person must not be found guilty of an offence of conspiracy to defraud in relation to an agreement to commit an offence (an agreed offence) if the person is someone for whose benefit or protection the agreed offence exists. (9) Any defence, procedure, limitation or qualifying provision applying to an agreed offence applies also to an offence of conspiracy to defraud in relation to the agreed offence. (10) A court may dismiss a charge of conspiracy to defraud if it considers that the interests of justice require it to dismiss the charge. (11) A proceeding for an offence of conspiracy to defraud must not be begun without the consent of the Attorney-General or the director of public prosecutions. (12) However, a person may be arrested for, charged with or remanded in custody or released on bail in relation to an offence of conspiracy to defraud before the consent is given.