Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 After section 137.1 of the Criminal Code
Insert:
137.1A Aggravated offence for giving false or misleading information
(1) A person commits an offence if:
(a) the person commits an offence against subsection 137.1(1) (the underlying offence ); and
(b) the information given in committing the underlying offence was given in relation to an application for, or the maintenance of, an Australian Government security clearance.
Penalty: Imprisonment for 5 years.
(2) There is no fault element for the physical element in paragraph ( 1)(a) other than the fault elements (however described) for the underlying offence.
(3) To avoid doubt:
(a) a person does not commit an underlying offence for the purposes of paragraph ( 1)(a) if the person has a defence to the underlying offence; and
(b) a person may be convicted of an offence against subsection ( 1) even if the person has not been convicted of the underlying offence.
Alternative verdicts
(4) If, on a trial of a person for an offence against subsection ( 1), the trier of fact:
(a) is not satisfied that the person is guilty of that offence; and
(b) is satisfied beyond reasonable doubt that the person is guilty of the underlying offence;
it may find the person not guilty of the offence against subsection ( 1) but guilty of the underlying offence.
(5) Subsection ( 4) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the underlying offence.
References to section 137.1
(6) A reference in any law to section 137.1 is taken to include a reference to this section.