Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 335

    (1)     A person commits an offence if—

        (a)     the person engages in conduct that results in the person obtaining a financial advantage from someone else; and

        (b)     the person knows or believes that the person is not eligible to receive the financial advantage; and

        (c)     the other person is the Territory.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     Absolute liability applies to subsection (1) (c).

    (3)     A person commits an offence if—

        (a)     the person engages in conduct that results in the person obtaining a financial advantage for someone else ( B ) from a third person; and

        (b)     the person knows or believes that B is not eligible to receive the financial advantage; and

        (c)     the third person is the Territory.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (4)     Absolute liability applies to subsection (3) (c).

    (5)     For subsection (3), a person ( A ) is taken to have obtained a financial advantage for someone else from the Territory if A induces the Territory to do something that results in the other person obtaining the financial advantage.

    (6)     The definition of obtain in section 300 does not apply to this section.

    (7)     In this section:

"Territory"—see section 319.