Taxation Offences

Obtaining a Financial Advantage by Deception

Under section 134.2 of the Criminal Code 1995, a person is guilty of an offence if:

a) the person, by a deception, dishonestly obtains a financial advantage from another person; and
b) the other person is a Commonwealth entity.

In order to be convicted of this offence it must be shown that a person has done the following things:

  • Obtained a financial advantage;
  • Have obtained that advantage by “deception”; and
  • That the person from whom the financial advantage has been obtained is a Commonwealth Entity.
    The term “Commonwealth Entity” includes the Australian Taxation Office or the Commonwealth generally. The penalty for this offence is imprisonment for up to 10 years.

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