Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p33
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 33/39)
Character Range: 109078–111910

so with the intention of:
 (i) obtaining a gain from another person; or
 (ii) causing a loss to another person; and
 (c) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

 (3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

145.5  Giving information derived from false or misleading documents

 (1) A person is guilty of an offence if:
 (a) the person dishonestly gives information to another person; and
 (b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first‑mentioned person, is false or misleading in a material particular; and
 (c) the document is:
 (i) kept, retained or issued for the purposes of a law of the Commonwealth; or
 (ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
 (iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
 (d) the first‑mentioned person does so with the intention of:
 (i) obtaining a gain; or
 (ii) causing a loss.

Penalty: Imprisonment for 7 years.

 (1A) Absolute liability applies to the paragraph (1)(c) element of the offence.

 (2) A person is guilty of an offence if:
 (a) the person dishonestly gives information to another person; and
 (b) the information was derived, directly or indirectly, from a document that, to the knowledge of the first‑mentioned person, is false or misleading in a material particular; and
 (c) the first‑mentioned person does so with the intention of:
 (i) obtaining a gain from another person; or
 (ii) causing a loss to another person; and
 (d) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

 (3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

145.6  Geographical jurisdiction

  Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.

Part 7.8—Causing harm to, and impersonation and obstruction of, Commonwealth public officials

Division 146—Preliminary

146.1  Definitions

  In this Part:

Commonwealth law enforcement officer means a person who is:
 (a) a member or special member of the Australian Federal Police; or
 (b) a member of the National Crime Authority; or
 (c) a member of the staff of the National Crime Authority; or
 (d) the Chief Executive Officer of Customs; or
 (e) a person employed in the Australian Customs Service.

fear includes apprehension.

harm means:
 (a) physical harm (whether temporary or permanent); or
 (b) harm to a person's mental health (whether temporary or permanent);
but does not include being subjected to a force