As professionals, we understand that you and your business may be subject to more stringent work practices.  There are a number of complex legislative and regulatory instruments that you and your business need to navigate through in order to avoid criminal prosecution.At Robertson O’Gorman we have experience representing individuals and companies in respect of:

  • Tax Offences
  • Corporations Offences
  • Workplace Offences and WorkCover Prosecutions
  • OH & S offences
  • Fraud/Dishonesty Offences
  • Disciplinary proceedings

Section 408C deals with the offence of fraud.

Under s 408C:

‘(1) A person who dishonestly—

(a) applies to his or her own use or to the use of any person

(i) property belonging to another; or

(ii) property belonging to the person, or which is in the person’s possession, either solely or jointly with another person, subject to a trust, direction or condition or on account of any other person; or

(b) obtains property from any person; or

(c) induces any person to deliver property to any person; or

(d) gains a benefit or advantage, pecuniary or otherwise, for any person; or

(e) causes a detriment, pecuniary or otherwise, to any person; or

(f) induces any person to do any act which the person is lawfully entitled to abstain from doing; or

(g) induces any person to abstain from doing any act which that person is lawfully entitled to do; or

(h) makes off, knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided, without having paid and with intent to avoid payment; commits the crime of fraud.’

Fraud is considered a dishonesty offence. A defendant must have acted dishonestly by the standards of ordinary honest people.

Fraud is a diverse offence and can cover situations such as Medicare or Centrelink fraud.

The penalty for fraud is up to 10 years in prison. Aggravating circumstances include where the property gained is greater than $5,000, or where the fraud was committed against an employer in the course of employment.

MATCH-FIXING

Match fixing is another form of dishonesty offence. Under section 433A/B a person who engages in match-fixing conduct in relation to a sporting event or the happening of a sporting contingency for the purpose of

(a)  obtaining or receiving a pecuniary benefit for any person;

(b)   Causing a pecuniary detriment to another person; commits a crime.

The maximum penalty for match – fixing is 10 years.

Robertson O’Gorman is experienced in providing legal advice in fraud cases and similar matters. Contact us on 3034 0000.