Obtain a financial advantage by deception (Centrelink or the Australian Tax Office)

What is the offence of Obtain a financial advantage by deception?

The offence of Obtain a financial advantage by deception is found at section 134.2 of the Commonwealth Criminal Code 1995. It is an extremely serious criminal offence. If you are charged with the offence of Obtain a financial advantage by deception, your options will normally be to plead guilty or not guilty.

Pleading not guilty

You will be found not guilty of the offence of Obtain a financial advantage by deception if the police cannot prove beyond reasonable doubt:

  1. You by a deception, dishonestly obtained a financial advantage from another person (e.g. creating false invoices with the purpose of reducing the amount of taxation payable); and
  2. The other person is a Commonwealth entity.

If the police are able to prove the above elements beyond reasonable doubt, you will still be found not guilty if any of the following offnces can be established:

Contact our offices at Sydney, Parramatta, Blacktown and Redfern to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Obtain a financial advantage by deception.

Pleading guilty

If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.

Obtain a financial advantage by deception carries a maximum penalty of 10 years imprisonment and/or a fine in the District Court. However, these penalties are typically reserved for the worst offenders. Nonetheless, Obtain a financial advantage by deception is an extremely serious criminal offence and if you are charged with this offence you should contact our office immediately.

Penalties that a court can impose in NSW are:

Why choose AC Law Group?

Our solicitors are experts at obtaining the best outcome possible for Fraud offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or gaol. To read more about AC Law Group, click here.

To discuss your Fraud charge, call AC Law Group at our Sydney, Parramatta, Blacktown and Redfern offices or make a website inquiry today.

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