Commonwealth Offences
Commonwealth charges is an umbrella term for a range of offences. This can be anything from minor Tax and Customs offences to serious crimes under the Criminal Code Act 1995 (Cth).
This area of law can be difficult to navigate single-handedly. It is essential to seek legal advice from experienced criminal defence lawyers to handle such matters appropriately and reach an optimal outcome.
Please see below for more information on the offence that relates to you. If you have any further questions or want to discuss your situation with proficient and experienced lawyers, contact Criminal Lawyers – Defending You at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.
Criminal Code Act Offences
Criminal matters are more commonly dealt with under state law such as in the Crimes Act 1900 (NSW). However, you can be charged with an offence under the Criminal Code Act 1995 (Cth).
The Commonwealth Director of Public Prosecutions or the Australian Federal Police, are likely to represent the prosecution in a charge under the Commonwealth Criminal Code. These bodies have significant power and resources and therefore, it is vital to seek criminal defence lawyers for these matters.
At Criminal Lawyers – Defending You, we have the knowledge and experience to defend you against these serious charges. We have the time to provide you with honest and realistic advice.
Criminal Code Act Offences
(A) COMPUTER OFFENCES AGAINST A COMMONWEALTH ENTITY
The Criminal Code Act 1995 (Cth) contains several offences relating to unauthorised access, modification or impairment of data, and restricted data. Serious computer offences can be charged under division 477 of the Criminal Code Act 1995 (Cth).
Common computer offences include:
Unauthorised access or modification to data held in a computer or impairment of electronic communication to or from a computer with the intention to commit a serious offence.
Producing, supplying, or obtaining data or material in the form of data, such as computer viruses.
(B) FORGERY OF COMMONWEALTH DOCUMENTS
Forgery of Commonwealth documents is a serious offence under divisions 144 and 145 of the Criminal Code Act 1995 (Cth).
Common forgery offences include:
Making a false document or knowingly possessing or using a false document with the intention that you or another person will use it:
To dishonestly induce a third person to accept it as genuine and if so accepted, to then obtain a gain dishonestly, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function.
To dishonestly cause a computer, a machine, or an electronic device to respond to the document as if the document were genuine and if it is so responded, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function.
As a Commonwealth public official or in response to operations of a Commonwealth entity or the document is a false Commonwealth document.
Possessing, making, or adapting device/machinery to create false documents
Falsifying a document
Giving information derived from false or misleading documents.
C) INTERNET OFFENCES
The use of the internet for improper or illegal means can be charged under the Criminal Code Act 1995 (Cth).
Common internet offences include:
Using the internet to menace, harass or offend
Menace relates to causing a reasonable person to feel apprehensive for their safety. It is not necessary that the communication threaten actual harm for it to be menacing nor is it necessary for the communication to be made directly to the person menaced.
Harass typically means to annoy or trouble by a repeated course of conduct. However, a single incident can amount to harassment, depending on the content of the communication and the circumstances.
Child abuse offences
Making threats online
(D) MONEY LAUNDERING
Money laundering offences are found under division 400 of the Criminal Code Act 1995 (Cth). Money laundering is essentially the use of money or property that has been earned illegally or for some illegal purpose. The type of penalty you will face depends on the amount of money involved or the number of occasions participated.
Common money laundering offences include:
Knowingly dealing with money or other property that are proceeds of an indictable crime or intending that the money or property will become an instrument of a crime.
Concealing or disguising anything or person relating to the nature of the money or property.
(E) PEOPLE SMUGGLING
People smuggling is a serious offence that involves illegally crossing the border and entering the country where such entry does not comply with the requirements needed to enter the country. People smuggling offences are found under division 73 of the Criminal Code Act 1995 (Cth).
Common people smuggling offences include:
Organising or facilitating the illegal entry of a person into Australia or a foreign country via Australia. Circumstances that aggravate this offence include:
Exploitation after entry into the country
The subjection of a victim to cruel, inhumane, or degrading treatment or placing a victim in danger of death or serious harm
Smuggling with at least 5 people
Supporting the offence of people smuggling, this includes:
Provided any material support or resources to another person or organisation which assists in people smuggling.
Making, supplying or possessing false travel or identity documents such as a passport or visa, to unlawfully enter, or assist someone else to illegally enter Australia.
(F) POST-RELATED OFFENCES
The Criminal Code Act 1995 (Cth) contains several offences relating to sending or receiving any offensive material through the post.
Common post-related offences include:
Sending threatening letters or posting an article that contains a threat to cause serious harm or death to another person.
Sending offensive material through the post that a reasonable person would find menacing, harassing, or offensive.
Menace relates to causing a reasonable person to feel apprehensive for their safety. It is not necessary that the communication threaten actual harm for it to be menacing nor is it necessary for the communication to be made directly to the person menaced.
Harass typically means to annoy or trouble by a repeated course of conduct. However, a single incident can amount to harassment, depending on the content of the communication and the circumstances.
Using the post in a way that induces the false belief that the article contains an explosive or some other kind of harmful substance or thing.
(G) TELEPHONE-RELATED OFFENCES
Telephone-related offences are contained in several provisions under the Criminal Code Act 1995 (Cth).
Common telephone-related offences include:
Phone calls or text messages that menace, harass or offend
Menace relates to causing a reasonable person to feel apprehensive for their safety. It is not necessary that the communication threaten actual harm for it to be menacing nor is it necessary for the communication to be made directly to the person menaced.
Harass typically means to annoy or trouble by a repeated course of conduct. However, a single incident can amount to harassment, depending on the content of the communication and the circumstances.
Improper use of emergency call services
Making threats over the phone
(H) THEFT OF OR RECEIVING STOLEN COMMONWEALTH PROPERTY
The Criminal Code Act 1995 (Cth) contains laws against larceny and theft concerning the theft or receipt of stolen Commonwealth property.
Common theft or stolen property offences include:
Stealing Commonwealth property. This is the property that belongs to the Commonwealth entity as a government body.
Receiving stolen Commonwealth property where you know or reasonably believe that the property may have been stolen.
(I) WAR CRIMES AND CRIMES AGAINST HUMANITY
Genocide, crimes against humanity, and war crimes are offences under division 268 of the Criminal Code Act 1995 (Cth). These offences are of international concern and could be considered the most serious
Commonwealth criminal offences.
Genocide refers to the killing, serious bodily harm, or serious mental harm of one or more persons belonging to a national, ethnic, racial, or religious group with the intention to destroy, whole or in part, that group.
Crimes against humanity refer to attacks against one or more persons with the intention or knowledge that the conduct is part of a widespread or systematic attack directed against a civilian population.
War crimes refer to causing the death or torture of one or more persons during an international war
Custom Act Offences
Offences under the Customs Act 1901 (Cth) relates to the control of import and export of certain goods across the borders of Australia, including duties and taxes involved.
The Commonwealth Director of Public Prosecutions or the Australian Federal Police are likely to represent the prosecution in a charge under the Commonwealth Customs Act 1901 (Cth). These bodies have significant power and resources and therefore, it is vital to seek criminal defence lawyers for these matters. At Criminal Lawyers – Defending You, we have the knowledge and experience to defend you against these serious charges. We have the time to provide you with honest and realistic advice.
Custom Act Offences
(A) EVADING PAYING CUSTOMS DUTY
Section 234 of the Customs Act 1901 (Cth) relates to custom offences involving evading payment of relevant duties and/ or taxes. It is important to pay any customs duties or taxes relevant to when you import goods. Evading custom duties can result in a criminal offence.
Evading paying custom duties can include these offences:
Evading payment of any duty which is payable when importing and exporting goods
Obtaining any drawback, refund, rebate, or remission which is not payable
Intentionally making or causing to be made, a false or misleading statement to a customs officer, or someone else and knowing that the information will be passed on to a custom officer
Selling or attempting to sell any goods with the pretence that such goods are prohibited imports or smuggled goods.
To be found guilty of this offence the Prosecution must prove beyond a reasonable doubt that your actions constituted one of the above offences.
Maximum Penalties
Evading customs duty where the court can determine the amount of customs duty evaded, you can be charged with a fine not exceeding 5 times the amount of that duty and not less than 2 times that amount.
Where the court cannot determine the amount of customs duty evaded, you can be charged with a fine that does not exceed $105,000.
Obtaining a refund or rebate
You can be charged with a fine not exceeding 5 times the amount of drawback, refund, rebate, or remission that was obtained and not less than 2 times that amount.
Making false statements to custom officers
You can be charged with a fine not exceeding $ 52,500.
Selling or attempting to sell any goods with the pretence that such goods are prohibited imports or smuggled goods.
You can be charged with a fine not exceeding $2,100.
(B) IMPORTING AND EXPORTING ‘TIER 1’ AND ‘TIER 2’ GOODS
Importing and exporting ‘Tier 1’ and ‘Tier 2’ goods is an offence under sections 233BAA and 233BAB of the Customs Act 1901 (Cth).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You intentionally imported or exported goods
The goods were either Tier 1 or Tier 2 goods and
You were reckless with the fact that the goods were Tier 1 or Tier 2 and
Their importation was prohibited
What do ‘Tier 1’ and ‘Tier 2’ mean?
Tier 1 goods include:
Specified performance-enhancing drugs
Specified non-narcotic drugs
And other specified goods
Tier 2 goods include:
Specified firearms, munitions, and military warfare items of any kind including combat vests and body armour
Specified knives, daggers, and other like goods
Specified chemical compounds
Specified anti‑personnel sprays and gases
Specified fissionable or radioactive substances
Specified human body tissue and/or body fluids
Items of child abuse material
Counterfeit credit, debit, and charge cards
And other specified goods
Maximum Penalties
Tier 1 offence
The maximum penalty is a fine of 1,000 penalty units ($210,000) and/or 5 years imprisonment.
Tier 2 offence
The maximum penalty is a fine of 2,500 penalty units ($525,000) and/or 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence.
(C) SMUGGLING AND IMPORTING AND EXPORTING PROHBITIED GOODS
Smuggling, importing, or exporting prohibited goods is an offence under section 233 of the Customs Act 1901 (Cth).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
Smuggled any goods or
Imported any prohibited imports or
Exported any prohibited exports or
Unlawfully convey that you had in your possession any smuggled goods or prohibited imports or prohibited exports.
What do Prohibited Goods Mean?
Specified animals and plants, and some types of animal and plant material
Specified firearms, munitions, and military warfare items of any kind including combat vests and body armour without the appropriate permission
Ammunition
Items of pornography
Counterfeit goods
Chemicals without a license
It is important to note that if you have been charged with importing or exporting prohibited drugs you will face charges under the Criminal Code Act 1995 (Cth) and not the Customs Act 1901 (Cth).
Maximum Penalties
Where the court can determine the value of the goods, you can be charged with a fine not exceeding 3 times the amount of that value or a fine of $ 210,000, whichever is greater.
Where the court cannot determine the value of the goods, you can be charged with a fine not exceeding $ 210,000.
Tax Offences
There are several fraud offences under Commonwealth legislation. Fraud refers to situations where you falsely and dishonestly obtained a gain for some benefit for yourself or another person. If you are charged with any fraud offence it can be a stressful experience and may result in heavy penalties.
At Criminal Lawyers – Defending You, we have the expert experience to easily resolve matters at an early stage. If you do go to court, our team will argue for your matter to be dealt with leniency in Court by way of a section 10 dismissal or a conditional release order.
Tax Offences
(A) CONSPIRACY TO DEFRAUD
Conspiracy to defraud is an offence under section 135.4 of the Criminal Code Act 1995 (Cth). Conspiracy involves forming an agreement with another person or several people to defraud a Commonwealth entity, such as Centrelink or some other government body.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You conspired with another person with the intention of dishonestly obtaining a gain from a third person and
The third person is a Commonwealth entity
The prosecution does not have to prove that you knew that the third person was a Commonwealth entity.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence.
(B) OBTAINING A FINANCIAL BENEFIT BY DECEPTION
Obtaining a financial benefit by deception is an offence under section 134.2 of the Criminal Code Act 1995 (Cth).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
By deception, you dishonestly obtained a financial benefit or advantage from another person and
The other person is a Commonwealth entity
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence.
(C) OBTAINING PROPERTY BY DECEPTION
Obtaining property by deception is an offence under section 134.1 of the Criminal Code Act 1995 (Cth).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
By deception, you dishonestly obtained property belonging to another with the intention of permanently depriving the other of the property and
The property belongs to a Commonwealth entity.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular offence.