Section 135.4(1) of the Criminal Code (Cth) requires proof that the accused entered into an agreement with the intention of dishonestly obtaining a gain from a Commonwealth entity; the Crown is not required to prove an agreement to engage in particular dishonest acts, nor to demonstrate that any conduct of the accused in fact caused a gain. The dishonesty attaches to the agreement to obtain the gain, not to the means by which the gain is to be obtained. Cases on the common law offence of conspiracy to defraud do not guide the scope of s 135.4(1).
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