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Schedule 3—Aggravated offence for giving false or misleading information

Schedule 3 Aggravated offence for giving false or misleading information


Criminal Code Act 1995

1  After section 137.1 of the Criminal Code


137.1A   Aggravated offence for giving false or misleading information

             (1)  A person commits an offence if:

                     (a)  the person commits an offence against subsection 137.1(1) (the underlying offence ); and

                     (b)  the information given in committing the underlying offence was given in relation to an application for, or the maintenance of, an Australian Government security clearance.

Penalty:  Imprisonment for 5 years.

             (2)  There is no fault element for the physical element in paragraph (1)(a) other than the fault elements (however described) for the underlying offence.

             (3)  To avoid doubt:

                     (a)  a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and

                     (b)  a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.

Alternative verdicts

             (4)  If, on a trial of a person for an offence against subsection (1), the trier of fact:

                     (a)  is not satisfied that the person is guilty of that offence; and

                     (b)  is satisfied beyond reasonable doubt that the person is guilty of the underlying offence;

it may find the person not guilty of the offence against subsection (1) but guilty of the underlying offence.

             (5)  Subsection (4) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the underlying offence.

References to section 137.1

             (6)  A reference in any law to section 137.1 is taken to include a reference to this section.