Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p16
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 16/39)
Character Range: 67700–70451

not necessary to prove that the defendant knew that the other person was a Commonwealth entity.

Causing a loss

 (3) A person is guilty of an offence if:
 (a) the person does anything with the intention of dishonestly causing a loss to another person; and
 (b) the other person is a Commonwealth entity.

Penalty: Imprisonment for 5 years.

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

 (5) A person is guilty of an offence if:
 (a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another 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 other person is a Commonwealth entity.

Penalty: Imprisonment for 5 years.

 (6) Absolute liability applies to the paragraph (5)(c) element of the offence.

Influencing a Commonwealth public official

 (7) A person is guilty of an offence if:
 (a) the person does anything 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 5 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.

135.2  Obtaining financial advantage

 (1) A person is guilty of an offence if the person obtains a financial advantage for himself or herself from a Commonwealth entity knowing or believing that he or she is not eligible to receive that financial advantage.

Penalty: Imprisonment for 12 months.

 (2) A person is guilty of an offence if the person obtains a financial advantage for another person from a Commonwealth entity knowing or believing that the other person is not eligible to receive that financial advantage.

Penalty: Imprisonment for 12 months.

 (3) For the purposes of 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 is guilty of an offence if:
 (a) the person conspires with another person with the intention of dishonestly obtaining a gain from a third