General dishonesty
135.1 General dishonesty
Obtaining a gain
A person commits an offence if:
the person does anything with the intention of dishonestly obtaining a gain from another person; and
the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
Causing a loss
A person commits an offence if:
the person does anything with the intention of dishonestly causing a loss to another person; and
the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.
A person commits an offence if:
the person dishonestly causes a loss, or dishonestly causes a risk of loss, to another person; and
the first‑mentioned person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring; and
the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 years.
Absolute liability applies to the paragraph (5)(c) element of the offence.
Influencing a Commonwealth public official
A person commits an offence if:
the person does anything with the intention of dishonestly influencing a public official in the exercise of the official’s duties as a public official; and
the public official is a Commonwealth public official; and
the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew:
that the official was a Commonwealth public official; or
that the duties were duties as a Commonwealth public official.
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