Making a False or Misleading Application is an offence under section 307A of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You made a statement
- The statement was false or misleading, or omitted a matter or thing without which it was misleading
- You knew the statement was misleading
- The statement was in connection with an application for an authority or benefit, and
- The statement was made to a public authority, or was made to a person exercising or performing a power, authority, duty or function under or in connection with any NSW law, or was made in compliance or purported compliance with any NSW law.
A ‘statement’ includes oral, written and any other statement.
A statement is only ‘misleading’ if it is false or misleading in a material particular.
An ‘application’ includes any claim, request or other form of application or in the case of an application to an authority, any application for the issue, grant, amendment, transfer, renewal, restoration or replacement of the authority and any application in connection with same.
An ‘authority’ includes any licence, permit, consent, approval, registration or any other form of authority.
A ‘benefit’ includes property and any other advantage.
Duress is a defence to the charge.