Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p18
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 18/39)
Character Range: 72643–75341

do the thing pursuant to the agreement; and
 (c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

 (10) A person may be found guilty of an offence against this section even if:
 (a) obtaining the gain, causing the loss, causing the risk of loss, or influencing the Commonwealth public official, as the case may be, is impossible; or
 (b) the only other party to the agreement is a body corporate; or
 (c) each other party to the agreement is a person who is not criminally responsible; or
 (d) subject to subsection (11), all other parties to the agreement have been acquitted of the offence.

 (11) A person cannot be found guilty of an offence against this section if:
 (a) all other parties to the agreement have been acquitted of such an offence; and
 (b) a finding of guilt would be inconsistent with their acquittal.

 (12) A person cannot be found guilty of an offence against this section if, before the commission of an overt act pursuant to the agreement, the person:
 (a) withdrew from the agreement; and
 (b) took all reasonable steps to prevent the doing of the thing.

 (13) A court may dismiss a charge of an offence against this section if the court thinks that the interests of justice require the court to do so.

 (14) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. However, before the necessary consent has been given, a person may be:
 (a) arrested for an offence against this section; or
 (b) charged with an offence against this section; or
 (c) remanded in custody or released on bail in connection with an offence against this section.

135.5  Geographical jurisdiction

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

Part 7.4—False or misleading statements

Division 136—False or misleading statements in applications

136.1  False or misleading statements in applications

Knowledge

 (1) A person is guilty of an offence if:
 (a) the person makes a statement (whether orally, in a document or in any other way); and
 (b) the person does so knowing that the statement:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the statement is misleading; and
 (c) the statement is made in, or in connection with:
 (i) an application for a licence, permit or authority; or
 (ii) an application for registration; or
 (iii) an application or claim for a benefit; and
 (d) any of the following subparagraphs applies:
 (i) the statement is made to a Commonwealth entity;
 (ii) the statement is made to a person who is exercising powers