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Frauds By Officers

Other (inc. Computer Offences) – VIC

Welcome to the VIC Frauds by officers article page. Everything you need to know about Frauds by officers according to VIC law.

What the Law States according to VIC Law for Frauds by officers

According to VIC Law for the charge of Frauds by officers,

Corporations Act 2001 – SECT 596
Frauds by officers

(1) A person who, while an officer or employee of a company:

(a) by false pretences or by means of any other fraud, induces a person to give credit to the company or to a related body corporate; or

(b) with intent to defraud the company or a related body corporate, or members or creditors of the company or of a related body corporate, makes or purports to make, or causes to be made or to be purported to be made, any gift or transfer of, or charge on, or causes or connives at the levying of any execution against, property of the company or of a related body corporate; or

(c) with intent to defraud the company or a related body corporate, or members or creditors of the company or of a related body corporate, engages in conduct that results in the concealment or removal of any part of the property of the company or of a related body corporate after, or within 2 months before, the date of any unsatisfied judgment or order for payment of money obtained against the company or a related body corporate;

contravenes this section.

(2) Absolute liability applies to so much of an offence based on paragraph (1)(c) as requires that an event occur after, or within 2 months before, the date of any unsatisfied judgment or order for payment of money obtained against the company or a related body corporate.

Note: For absolute liability , see section 6.2 of the Criminal Code.

The Maximum Penalty – Frauds by officers

According to VIC Law for the charge of Frauds by officers, 100 penalty units, or 2 years imprisonment.

What the Police must prove according to VIC Law for Frauds by officers

1. An employee or officer of a company by fraud induces another person to give credit to the company or a related body corporate.

2. An employee or officer of a company intentionally defrauds the company, body corporate, members, or creditors of the company or a related body corporate, by causing the transfer or gift of any property of the company or related body corporate; or causes a charge or levvying of of any execution against property of the company.

3. An employee or officer intentionally defrauds the company or related body corporate or members or creditors of the company by concealing or removing any part of the property of the company or of a related body corporate after, or within 2 months before thd date of any unsatisifed judgement or order obtained against hte company or related body corporate.

Possible Defences under VIC Law – Frauds by officers

1. Lack of intent
2. Factual dispute
3. No inducement

In VIC which court will hear the matter – Frauds by officers

Federal Magistrates’ Court

 

Date: 09/01/2009

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