Theft, fraud, and dishonesty offences are some of the most commonly prosecuted crimes across Australia. These offences cover a wide range of conduct, from shoplifting and credit card fraud to embezzlement, false accounting, and identity theft.
Whether committed against a business, government agency, or private individual, dishonesty offences can lead to serious legal consequences including criminal records, fines, and imprisonment.
This page explains how theft and fraud charges are laid, the court process, available legal defences, and how laws and penalties differ across each Australian state and territory.
What Are Theft, Fraud & Dishonesty Offences?
These offences involve the intentional and dishonest taking or use of property, money, or information. Key examples include:
Stealing property or money without the owner’s consent
Using deception to gain a benefit or cause a loss (e.g., identity fraud, welfare fraud, credit card fraud)
Embezzlement, forgery, deception, false accounting, or using another’s information without permission
You can be charged whether or not you financially benefited, and even if the victim eventually recovers the loss.
Police or regulatory bodies (like Centrelink, ASIC, or the ATO) may charge individuals after:
Witness reports
CCTV footage
Forensic accounting or financial audits
Digital evidence (e.g., bank transactions, emails, chat logs)
Undercover operations or confessions
Charges may range from summary (minor) to indictable (serious), depending on the value of the property and the accused’s intent.
Smaller dishonesty offences are usually heard in the Magistrates’ or Local Court, while serious matters (e.g., large-scale corporate fraud) are escalated to the District/County or Supreme Court.
Typical steps:
First mention – You enter a plea
Brief of evidence – Prosecution outlines the case
Negotiation – Possible charge reduction or plea deal
Hearing or trial
Sentencing – If found guilty, penalties are imposed
Common defences include:
Lack of intent – No dishonest or fraudulent intention
Claim of right – Belief you had a legal right to the property
Mistaken identity
Mental impairment
No deception or loss – Particularly in fraud charges
Duress or coercion
Theft, Fraud & Dishonesty Offences in Australia
Below is an overview of how each state and territory in Australia defines and penalises dishonesty offences
Legislation: Crimes Act 1900 (NSW)
Key Offences:
Larceny (Theft) – Section 117
Fraud – Section 192E
Penalties:
Theft – Up to 5 years (or 2 years if under $2,000)
Fraud – Up to 10 years’ imprisonment
Legislation: Crimes Act 1958 (VIC)
Key Offences:
Theft – Section 74
Obtain financial advantage by deception – Section 82
Penalties:
Up to 10 years’ imprisonment for most dishonesty offences
Legislation: Criminal Code Act 1899 (QLD)
Key Offences:
Stealing – Section 391
Fraud – Section 408C
Penalties:
Theft – Up to 5 years’ imprisonment
Fraud – Up to 12 years, or 14 years in aggravated cases
Legislation: Criminal Code Act Compilation Act 1913 (WA)
Key Offences:
Stealing – Section 378
Fraud – Section 409
Penalties:
Theft – Up to 7 years’ imprisonment
Fraud – Up to 7 years, or more for commercial offences
Legislation: Criminal Law Consolidation Act 1935 (SA)
Key Offences:
Theft – Section 134
Deception – Section 139
Penalties:
Up to 10 years for basic offences
Aggravated offences may attract 15 years or more
Legislation: Criminal Code 2002 (ACT)
Key Offences:
Theft – Section 308
Obtaining property/advantage by deception – Section 326
Penalties:
Theft – Up to 10 years
Fraud – Up to 10 years
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.
