The mere lodging of false forms with ASIC to create the appearance of being a company director or shareholder does not constitute gaining a 'benefit or advantage' under s 408C(1)(d) of the Criminal Code 1899 (Qld). Such conduct is at most a preparatory step towards gaining an unidentified advantage. The assumption provisions in ss 128-129 of the Corporations Act 2001 (Cth) protect persons dealing with the company and do not confer a per se benefit on the putative director. The question whether actual appointment as a director is itself a benefit under s 408C was left open.
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