New South Wales – Crimes Act 1900

Retrieved March 2021 reference: Fraud Section

Part 4AA Fraud

Division 1 Preliminary

192B Deception

(1) In this Part, deception means any deception, by words or other conduct, as to fact or as to law, including—

(a) a deception as to the intentions of the person using the deception or any other person, or

(b) conduct by a person that causes a computer, a machine or any electronic device to make a response that the person is not authorised to cause it to make.

(2) A person does not commit an offence under this Part by a deception unless the deception was intentional or reckless.
192C Obtaining property belonging to another

(1) For the purposes of this Part, a person obtains property if—

(a) the person obtains ownership, possession or control of the property for himself or herself or for another person, or

(b) the person enables ownership, possession or control of the property to be retained by himself or herself or by another person, or

(c) the person induces a third person to do something that results in the person or another person obtaining or retaining ownership, possession or control of the property.

(2) A person does not commit an offence under this Part by obtaining or intending to obtain property belonging to another unless the person intends to permanently deprive the other of the property.

(3) For the purposes of this Part, property belongs to a person if—

(a) the person has possession or control of the property, or

(b) the person has a proprietary right or interest in the property (not being an equitable interest arising only from an agreement to transfer or grant an interest or from a constructive trust).

If property is subject to a trust, the persons to whom it belongs include any person having a right to enforce the trust.

(4) A person obtaining property belonging to another without meaning the other permanently to lose the thing itself has, nevertheless, the intention of permanently depriving the other of it if the person’s intention is to treat the thing as his or her own to dispose of regardless of the other’s rights. A borrowing or lending of the property may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

(5) Without limiting the generality of subsection (4), if—

(a) a person has possession or control (lawfully or not) of property belonging to another, and

(b) the person parts with the property under a condition as to its return that the person may not be able to perform, and

(c) the parting is done for the purposes of his or her own and without the other’s authority,
the parting amounts to treating the property as his or her own to dispose of regardless of the other’s rights.

192D Obtaining financial advantage or causing financial disadvantage

(1) In this Part, obtain a financial advantage includes—

(a) obtain a financial advantage for oneself or for another person, and

(b) induce a third person to do something that results in oneself or another person obtaining a financial advantage, and

(2) In this Part, cause a financial disadvantage means—

(a) cause a financial disadvantage to another person, or

(b) induce a third person to do something that results in another person suffering a financial disadvantage whether the financial disadvantage is permanent or temporary.
Division 2 Fraud and related offences

192E Fraud

(1) A person who, by any deception, dishonestly—

(a) obtains property belonging to another, or

(b) obtains any financial advantage or causes any financial disadvantage,
is guilty of the offence of fraud.

Maximum penalty—Imprisonment for 10 years.

(2) A person’s obtaining of property belonging to another may be dishonest even if the person is willing to pay for the property.

(3) A person may be convicted of the offence of fraud involving all or any part of a general deficiency in money or other property even though the deficiency is made up of any number of particular sums of money or items of other property that were obtained over a period of time.

(4) A conviction for the offence of fraud is an alternative verdict to a charge for the offence of larceny, or any offence that includes larceny, and a conviction for the offence of larceny, or any offence that includes larceny, is an alternative verdict to a charge for the offence of fraud.
192F Intention to defraud by destroying or concealing accounting records

(1) A person who dishonestly destroys or conceals any accounting record with the intention of—

(a) obtaining property belonging to another, or

(b) obtaining a financial advantage or causing a financial disadvantage,
is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2) In this section, destroy includes obliterate.

192G Intention to defraud by false or misleading statement

A person who dishonestly makes or publishes, or concurs in making or publishing, any statement (whether or not in writing) that is false or misleading in a material particular with the intention of—

(a) obtaining property belonging to another, or

(b) obtaining a financial advantage or causing a financial disadvantage,
is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

192H Intention to deceive members or creditors by false or misleading statement of officer of organisation

(1) An officer of an organisation who, with the intention of deceiving members or creditors of the organisation about its affairs, dishonestly makes or publishes, or concurs in making or publishing, a statement (whether or not in writing) that to his or her knowledge is or may be false or misleading in a material particular is guilty of an offence.

Maximum penalty—Imprisonment for 7 years.

(2) In this section—
creditor of an organisation includes a person who has entered into a security for the benefit of the organisation.
officer of an organisation includes any member of the organisation who is concerned in its management and any person purporting to act as an officer of the organisation.
organisation means any body corporate or unincorporated association.