Obtaining Financial Advantage by Deception – Laws & Penalties in Australia

Obtaining financial advantage by deception is a serious criminal offence across Australia. It involves dishonestly gaining a financial benefit through misleading or deceptive conduct, and it’s one of the most commonly prosecuted fraud-related offences.

From false claims to Centrelink, credit card misuse, fake invoices, or lying on a loan application, these offences are viewed as deliberate breaches of public or institutional trust—and can carry penalties of up to 10 years’ imprisonment.

This guide explains what the offence involves, how charges are laid, what happens in court, legal defences, and how each state and territory defines and penalises obtaining financial advantage by deception.

What Is “Obtaining Financial Advantage by Deception”?

This offence occurs when a person:

• Gains money, services, or a financial benefit

• By using dishonest or misleading conduct

• Knowing the conduct was deceptive

Common examples include:

• Falsifying employment or income to obtain a loan

• Lying about relationship status to claim Centrelink payments

• Using another person’s credit card or details to buy goods

• Claiming refunds for goods never purchased

• Submitting false expense or insurance claims

The prosecution must prove:

1. You engaged in deception

2. You gained a financial benefit (or intended to)

3. You acted dishonestly

How Are Charges Laid?

Charges may be laid following:

• Internal audits by Centrelink, banks, or employers

• Data matching (e.g., ATO, Services Australia)

• Surveillance or forensic evidence

• Tips or whistleblower reports

• Search warrants or electronic evidence (emails, accounts, devices)

Once investigated, police or the Commonwealth Director of Public Prosecutions (CDPP) may file charges depending on the nature and value of the fraud.

Court Process for Financial Advantage by Deception

Matters are usually heard in:

• Magistrates’/Local Court for lower-value offences

• District/County/Supreme Court for high-value or aggravated cases

The process includes:

1. First appearance – Accused enters plea

2. Brief of evidence – Disclosed by prosecution

3. Negotiations or trial – Depending on the plea

4. Sentencing – Based on value, planning, prior record, and restitution

Defences to This Offence

Legal defences include:

• No intent to deceive – Mistake or misunderstanding

• Claim of right – You believed you were entitled to the benefit

• Authorisation – You were given permission to act

• No dishonesty – You acted openly or relied on bad advice

• Mental impairment or duress – Affecting your ability to understand or choose