Fraud offences are serious crimes under Australian law and can carry severe penalties, including imprisonment, fines, and lasting damage to your career and reputation. Fraud is broadly defined as using deception or dishonest conduct to gain a benefit or cause a loss—financial or otherwise.
Whether it’s identity fraud, credit card fraud, welfare fraud, or corporate misrepresentation, these offences are prosecuted vigorously across all Australian jurisdictions.
This guide explains what constitutes fraud, how police lay charges, how the court process works, what defences are available, and the specific laws and penalties across each state and territory.
Fraud involves dishonestly obtaining property, financial advantage, or causing a detriment by means of deception. This includes:
Making false representations
Withholding key information
Using another person’s identity or documents
Misusing company or government funds
The prosecution must prove:
You acted dishonestly
You deceived another party
You gained a benefit or caused a loss
Fraud can be committed by individuals, employees, business operators, or as part of organised criminal networks.
Legislation: Criminal Code Act 1995 (Cth) – Sections 134.1 & 135.1
Offence:
Obtain financial advantage by deception (Centrelink, ATO, NDIS, etc.)
General dishonesty causing loss to the Commonwealth
Penalty:
Up to 10 years’ imprisonment per offence
Offences often involve federal agencies and complex evidence
Centrelink or welfare fraud
Credit card or banking fraud
Identity theft
Superannuation or investment fraud
Insurance fraud
Tax and ATO fraud
NDIS or Medicare fraud
False accounting or invoice fraud
JobKeeper/COVID-19 subsidy fraud
Fraud investigations are typically initiated by:
Complaints from victims
Audits by government agencies (e.g. Centrelink, ATO, ASIC)
Bank or transaction monitoring
Surveillance or undercover operations
Evidence may include:
Documents and emails
Financial records
Recorded interviews
Electronic data or phone logs
Charges are laid under state legislation or Commonwealth laws, depending on the nature of the fraud.
Fraud offences are considered serious indictable offences, especially if the amount involved is significant.
The matter may be heard in:
Magistrates’/Local Court – if the value is low or charges are less complex
District/County or Supreme Court – for high-value or serious corporate fraud
Court process:
First appearance – Plea entered
Brief of evidence – Disclosure by the prosecution
Negotiation or trial – Possible plea deal or full trial
Sentencing – Based on value, sophistication, planning, and prior record
Common legal defences to fraud include:
Lack of intent – You did not intend to deceive or gain a benefit
Mistake – You acted under a genuine misunderstanding
Authority – You had legal or business permission for the actions
Duress – You were coerced or threatened
Mental impairment – Affects capacity to form intent
Here’s how fraud offences are handled in each Australian state and territory, including the legislation and maximum penalties.
Each Australian state and territory treats motor vehicle theft as a distinct offence, often with higher penalties than general theft due to its impact on public safety.
Legislation: Crimes Act 1900 (NSW) – Section 192E
Offence: Obtain property or financial advantage by deception
Penalty:
Up to 10 years’ imprisonment
Summary matters (under $5,000) – dealt with in Local Court (max 2 years)
Legislation: Crimes Act 1958 (VIC) – Sections 81–83
Offence: Obtain property or financial advantage by deception
Penalty:
Up to 10 years’ imprisonment
Additional charges may apply for false accounting or corporate fraud
Legislation: Criminal Code Act 1899 (QLD) – Section 408C
Offence: Fraud
Penalty:
Up to 5 years’ imprisonment
Up to 12 years if offence involved more than $30,000 or was committed as an employee
Legislation: Criminal Code Act Compilation Act 1913 (WA) – Section 409
Offence: Fraud
Penalty:
Up to 7 years’ imprisonment
Can increase for aggravated fraud (e.g. breach of trust)
Legislation: Criminal Law Consolidation Act 1935 (SA) – Section 139
Offence: Deception or dishonesty offences
Penalty:
Up to 10 years’ imprisonment
Enhanced penalties if aggravating circumstances exist
Legislation: Criminal Code 2002 (ACT) – Part 3.3
Offence: Fraud – dishonestly obtain property or benefit
Penalty:
Up to 10 years’ imprisonment
May involve restitution and fines for lower-level matters
Legislation: Crimes Act 1900 (NSW) – Section 192E
Offence: Obtain property or financial advantage by deception
Penalty:
Up to 10 years’ imprisonment
Summary matters (under $5,000) – dealt with in Local Court (max 2 years)
Legislation: Crimes Act 1958 (VIC) – Sections 81–83
Offence: Obtain property or financial advantage by deception
Penalty:
Up to 10 years’ imprisonment
Additional charges may apply for false accounting or corporate fraud
Legislation: Criminal Code Act 1899 (QLD) – Section 408C
Offence: Fraud
Penalty:
Up to 5 years’ imprisonment
Up to 12 years if offence involved more than $30,000 or was committed as an employee
Legislation: Criminal Code Act Compilation Act 1913 (WA) – Section 409
Offence: Fraud
Penalty:
Up to 7 years’ imprisonment
Can increase for aggravated fraud (e.g. breach of trust)
Legislation: Criminal Law Consolidation Act 1935 (SA) – Section 139
Offence: Deception or dishonesty offences
Penalty:
Up to 10 years’ imprisonment
Enhanced penalties if aggravating circumstances exist
Legislation: Criminal Code 2002 (ACT) – Part 3.3
Offence: Fraud – dishonestly obtain property or benefit
Penalty:
Up to 10 years’ imprisonment
May involve restitution and fines for lower-level matters
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
