Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p175
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 175/268)
Character Range: 808713–811415

subsection (2), a person is taken to have obtained a financial advantage for another person from a Commonwealth entity if the first‑mentioned person induces the Commonwealth entity to do something that results in the other person obtaining the financial advantage.
 (4) The definition of obtaining in section 130.1 does not apply to this section.

135.4  Conspiracy to defraud

Obtaining a gain
 (1) A person commits an offence if:
 (a) the person conspires with another person with the intention of dishonestly obtaining a gain from a third person; and
 (b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.

Causing a loss
 (3) A person commits an offence if:
 (a) the person conspires with another person with the intention of dishonestly causing a loss to a third person; and
 (b) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
 (4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.
 (5) A person commits an offence if:
 (a) the person conspires with another person to dishonestly cause a loss, or to dishonestly cause a risk of loss, to a third person; and
 (b) the first‑mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and
 (c) the third person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
 (6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the third person was a Commonwealth entity.

Influencing a Commonwealth public official
 (7) A person commits an offence if:
 (a) the person conspires with another person with the intention of dishonestly influencing a public official in the exercise of the official's duties as a public official; and
 (b) the public official is a Commonwealth public official; and
 (c) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
 (8) In a prosecution for an offence against subsection (7), 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.

General provisions
 (9) For a person to be guilty of an offence against this section:
 (a) the person must have entered into an agreement with one or more other persons; and
 (b) the person and at least one other party to the agreement must have intended to