Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p17
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 17/39)
Character Range: 70217–72857

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 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 is guilty of 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 is guilty of 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 is guilty of 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 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