Speak to a Melbourne Criminal Lawyer. Call 1300 331 331

False Or Misleading Information

Commonwealth Offences – Federal

Welcome to the Federal False Or Misleading Information article page. Everything you need to know about False Or Misleading Information according to Federal law.

What the Law States according to Federal Law for False Or Misleading Information

According to Federal Law for the charge of False Or Misleading Information:

Sections 137.1 of the Commonwealth Criminal Code states:

(1) A person is guilty of an offence if:

(a) the person gives information to another person; and

(b) the person does so knowing that the information:

(i) is false or misleading; or

(ii) omits any matter or thing without which the information is misleading and

(c) any of the following subparagraphs apply:

(i) the information is given to a Commonwealth entity;

(ii) the information is given to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

(iii) the information is given in compliance or purported compliance with a law of the Commonwealth.

(1A) Absolute liability applies to each of the subparagraph (1)(c)(i)(ii) and (iii) elements of the offence.

The Maximum Penalty – False Or Misleading Information

According to Federal Law for the charge of False Or Misleading Information:

The Maximum penalty for the offence of False or Misleading Information is 12 months imprisonment.

What the Police must prove according to Federal Law for False Or Misleading Information

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused gave information to another person; and

2. The accused did so knowing that the information:

(a) is false or misleading; or

(b) omits any matter or thing without which the information is misleading and

3. any of the following subparagraphs apply:

(a) the information is given to a Commonwealth entity;

(b) the information is given to a person who is exercising powers or performing functions under, or in connection with, a law of the Commonwealth;

(c) the information is given in compliance or purported compliance with a law of the Commonwealth.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible Defences under Federal Law – False Or Misleading Information

Possible defences to this offence include but are not limited to:

1. The accused did not give information to another person.

2. The accused did not know that the information was misleading; or omit any matter or thing without which the information is misleading

3. The information is not false of misleading in a material particular.

4. Subsection (1) does not apply as a result of subparagraph (1)(c)(i) if, before the information was given by a person to the Commonwealth entity, the Commonwealth entity did not take reasonable steps to inform the person of the existence of the offence against subsection (1).

5. Subsection (1) does not apply as a result of subparagraph (1)(c)((ii) if, before the information was given by a person (the first person) to the person mentioned in that subparagraph (the second person), the second person did not take reasonable steps to inform the first person of the existence of the offence against subsection (1)

6. Identification i.e. it was not the accused.

In Federal which court will hear the matter – False Or Misleading Information

This matter is Commonwealth Offence which means it is dealt with in the Magistrates Court.

 

Date: 09/01/2009

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: