Division 2 Fraud and related offences

192E   Fraud

(1)  A person who, by any deception, dishonestly:

(a)  obtains property belonging to another, or

(b)  obtains any financial advantage or causes any financial disadvantage,

      is guilty of the offence of fraud.

Maximum penalty: Imprisonment for 10 years.

(2)  A person’s obtaining of property belonging to another may be dishonest even if the person is willing to pay for the property.

(3)  A person may be convicted of the offence of fraud involving all or any part of a general deficiency in money or other property even though the deficiency is made up of any number of particular sums of money or items of other property that were obtained over a period of time.

(4)  A conviction for the offence of fraud is an alternative verdict to a charge for the offence of larceny, or any offence that includes larceny, and a conviction for the offence of larceny, or any offence that includes larceny, is an alternative verdict to a charge for the offence of fraud.

192F   Intention to defraud by destroying or concealing accounting records

(1)  A person who dishonestly destroys or conceals any accounting record with the intention of:

(a)  obtaining property belonging to another, or

(b)  obtaining a financial advantage or causing a financial disadvantage,

      is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

(2)  In this section, destroy includes obliterate.

192G   Intention to defraud by false or misleading statement

A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of:

(a)  obtaining property belonging to another, or

(b)  obtaining a financial advantage or causing a financial disadvantage,

is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

192H   Intention to deceive members or creditors by false or misleading statement of officer of organisation

(1)  An officer of an organisation who, with the intention of deceiving members or creditors of the organisation about its affairs, dishonestly makes or publishes, or concurs in making or publishing, a statement (whether or not in writing) that to his or her knowledge is or may be false or misleading in a material particular is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

(2)  In this section:

creditor of an organisation includes a person who has entered into a security for the benefit of the organisation.

officer of an organisation includes any member of the organisation who is concerned in its management and any person purporting to act as an officer of the organisation.

organisation means any body corporate or unincorporated association.