11. Administration of Justice, Proceeds of Crime and Related Offences¶
Sources: Crimes Act 1958 (Vic) (perjury; perverting the course of justice; Pt I Div 2A proceeds of crime); Criminal Code Act 1995 (Cth) (property, deception, blackmail, forgery, bribery, money laundering); Social Security (Administration) Act 1999 (Cth). ss 193–195A verified against AustLII (current Victorian Acts, 12 August 2026). CL = common law. CPA = Criminal Procedure Act 2009 (Vic). No standard sentence applies to any Commonwealth Criminal Code offence or to any Div 2A offence.
Perjury and false statements on oath (Crimes Act 1958 (Vic))¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 314 | Statutory perjury | (1) A made a false statement — untrue assertion, false verification, or omission of info the law requires (s 314(3)); (2) made on a lawful oath, affirmation, declaration or affidavit (s 314(3)); (3) made knowingly (knew false / did not believe true — R v Aylett). Materiality not required; all evidence deemed material (s 315). Oral proof of falsity needs corroboration (Evidence Act 2008 s 164(2)). | Level 4 imprisonment, which equates to a maximum of 15 years' imprisonment |
| CL (s 314(3)) | Common law perjury (preserved by s 314(3)) | (1) false statement; (2) made on oath or affirmation; (3) in a judicial proceeding (R v Aylett); (4) statement material to that proceeding (objective — R v Davies; R v Millward); (5) made knowingly. | Level 4 imprisonment, which carries a maximum term of 15 years' imprisonment |
Perverting the course of justice (common law; recognised by s 320 Crimes Act 1958 (Vic))¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| CL (s 320) | Perverting the course of justice | (1) D engaged in conduct that actually perverted the course of justice — impaired, obstructed or interfered with the court administering justice (R v Rogerson); (2) intention to pervert. Requires a judicial proceeding on foot (course of justice commenced — CPA s 5). | 25 yrs (s 320) |
| CL (s 320) | Attempting to pervert the course of justice | (1) conduct with a tendency to pervert the course of justice, judged by ordinary-course risk not actual risk (R v Aydin); (2) intention to pervert. Available pre-proceedings where proceedings imminent, probable or possible (R v Rogerson; Meissner). The course of justice is not limited to trial and includes curial appeals; tendering fabricated character references to a court with intent to deceive is a direct attempt (Zotos v The Queen [2014] VSCA 324). | 25 yrs (s 320) |
Commonwealth property offences (Criminal Code Act 1995 (Cth)) — each requires Cth-entity property/victim¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 131.1 | Theft | (1) dishonestly appropriates property belonging to another (s 131.3) with intent to permanently deprive (s 131.10); (2) the property belongs to a Commonwealth entity — absolute liability (s 131.1(3)). | 10 yrs |
| s 132.1 | Receiving stolen property | (1) dishonestly receives stolen property (original / previously-received / tainted — s 132.1(3)); (2) knowing or believing it stolen. Knowledge of Cth-entity ownership not required (s 132.1(2A)). Alternative verdict with theft (ss 132.1(9)-(10)). | 10 yrs |
| s 132.2 | Robbery | (1) commits theft (of Cth-entity property); (2) immediately before / at / immediately after, uses or threatens then-and-there force on another, with intent to steal or to escape. | 15 yrs |
| s 132.3 | Aggravated robbery | (1) commits robbery (s 132.2); and (2) in company OR with an offensive weapon (defined s 132.3). | 20 yrs |
| s 132.4 | Burglary | (1) enters or remains in a building as a trespasser; (2) with intent to commit theft of Cth-entity property, or a harm/damage offence punishable by 5+ yrs (three forms: ss 132.4(1), (3), (6)). Knowledge of the Cth element not required. | 13 yrs (any form) |
| s 132.5 | Aggravated burglary | (1) commits burglary (s 132.4); and (2) in company OR with an offensive weapon. | 17 yrs |
| s 132.6 | Making off without payment | (1) knowing immediate payment for goods/services is required or expected; (2) dishonestly makes off without paying, intending to avoid payment; (3) the supplier is a Commonwealth entity. | 2 yrs |
| s 132.7 | Going equipped for theft or a property offence | Elements not set out in notes (see s 132.7). | 3 yrs |
| s 132.8 | Dishonest taking or retention of property | Elements not set out in notes (see s 132.8). | 2 yrs |
Commonwealth deception, dishonesty and blackmail offences (Criminal Code Act 1995 (Cth))¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 134.1 | Obtaining property by deception | (1) by a deception (intentional or reckless; fact or law — s 133.1) dishonestly obtains property of another (s 134.1(3)) with intent to permanently deprive; (2) the property belongs to a Cth entity — absolute liability (s 134.1(2)). Alt verdict with theft (ss 134.1(15)-(16)); general-deficiency rule (ss 134.1(13)-(14)). | 10 yrs |
| s 134.2 | Obtaining a financial advantage by deception | (1) by a deception dishonestly obtains a financial advantage from another; (2) the other is a Cth entity — absolute liability (s 134.2(2)). | 10 yrs |
| s 135.1 | General dishonesty (gain / loss) | (1) does anything intending to dishonestly obtain a gain (s 135.1(1)) or cause a loss (s 135.1(3)); or dishonestly causes a loss / risk of loss knowing it will or may occur (s 135.1(5)); (2) the other is a Cth entity (knowledge not required; absolute liability on (5)©). | 10 yrs (per notes table); prose states 5 yrs — confirm |
| s 135.2 | Obtaining a financial advantage | (1) engages in conduct obtaining a financial advantage for self (s 135.2(1)) or another (s 135.2(2)); (2) knowing or believing self/other not eligible to receive it; (3) the other / third person is a Cth entity — absolute liability. | 12 months |
| s 135.4 | Conspiracy to defraud | (1) conspires to dishonestly cause a loss or gain, or a risk of loss, to a Cth entity, or to influence a Cth public official. | 10 yrs |
| s 136.1 | False or misleading statements in applications (two discrete offences) | (1) makes a statement knowing (s 136.1(1)) or reckless (s 136.1(4)) it is false/misleading or omits a matter making it misleading; (2) in or connected with an application/claim for a benefit, to a Cth entity/official or in purported compliance with Cth law — absolute liability on (1)(d). Reckless limb is an alt verdict (s 136.1(7)). | 12m (knowing) / 6m (reckless) |
| s 137.1 | False or misleading information | (1) gives information to another knowing it is false/misleading or omits a matter making it misleading; (2) given to a Cth entity/official or in purported compliance with Cth law — absolute liability on (1)©. | 12 months |
| s 137.2 | False or misleading documents | (1) produces a document to another knowing it is false/misleading; (2) produced in purported compliance with Cth law. Excuse where accompanied by a signed statement identifying the falsity (s 137.2 proviso). | 12 months |
| ss 139.1, 139.2 | Unwarranted demands with menaces (blackmail) | (1) makes an unwarranted demand with menaces (ss 138.1-138.2) of (s 139.1) or by (s 139.2) a Cth public official, in connection with their capacity. 'Menaces' = express/implied detrimental threats, incl. threats unpleasant by reason of the maker's status/office. | 12 yrs |
Bribery, forgery, impersonation & false representation (Criminal Code Act 1995 (Cth))¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 141.1 | Bribery of a Commonwealth public official | (1) provides/offers/promises (or causes to be provided) a benefit to another, intending to improperly influence a Cth public official in their duties to obtain/retain business or an advantage; OR (2) an official dishonestly asks for/receives/agrees to receive a benefit intending their duties be influenced (or to induce a belief they will be). | 10 yrs (individual; +fine to 10,000 pu) — body corporate fine per s 141.1 |
| s 142.1 | Corrupting benefits given to / received by a Cth public official | (1) dishonestly provides/offers/promises a benefit whose receipt or expectation would tend to influence a Cth public official in their duties; OR (2) an official dishonestly asks for/receives such a benefit. | 5 yrs |
| s 142.2 | Abuse of public office | (1) a Cth public official (or former official) exercises influence, engages in conduct, or uses info gained in office; (2) intending to dishonestly obtain a benefit for self/another, or dishonestly cause a detriment to another. | 5 yrs |
| s 144.1 | Forgery | (1) makes a false document (def s 143.1); (2) intending it be used to dishonestly induce a Cth public official (or a machine connected with a Cth entity) to accept it as genuine — to obtain a gain, cause a loss, or influence a public duty. For a false Commonwealth document, intent to induce any person suffices. | 10 yrs |
| ss 145.1, 145.2 | Using / possessing a forged document (two discrete offences) | (1) knows the document is false; (2) uses it (s 145.1) or possesses it (s 145.2); (3) intending to dishonestly induce a Cth official (or machine connected with a Cth entity) to accept it as genuine for a gain/loss or to influence a duty. False Cth document: inducing any person suffices. | 10 yrs |
| s 145.3 | Possession / making of devices for forgery | (1) possesses/makes/adapts a device or material; (2) knowing it is designed or adapted for making false documents; (3) intending it be used to commit forgery. Lesser limb: possessing such a device without reasonable excuse, or making/adapting it for false Cth documents. | 10 yrs (with intent) / 2 yrs (no reasonable excuse / Cth-document limb) |
| ss 145.4, 145.5 | Falsification of documents / giving derived information (two discrete offences) | s 145.4: dishonestly damages/alters/conceals/falsifies a document kept under Cth law or held by a Cth entity (or any document, intending gain/loss to a Cth entity), intending a gain or loss. s 145.5: dishonestly gives information derived from a known false document to a Cth entity (or to anyone intending gain/loss to a Cth entity). | 7 yrs (each) |
| s 148.1 | Impersonating a Cth public official (by a non-official) | (1) a person who is not a Cth public official impersonates an official (knowing they are likely on duty) with intent to deceive, or falsely represents themselves to be an official in the course of doing an act or attending a place. | 2 yrs; 5 yrs if done with intent to obtain a gain, cause a loss, or influence a public duty |
| s 148.2 | Impersonation by another official | As s 148.1, but committed by a Cth public official impersonating another official or falsely representing their capacity. | 2 yrs; 5 yrs (gain / loss / influence intent) |
| s 150.1 | False representation of being / acting on behalf of a Cth body | (1) engages in conduct that results in, or is reasonably capable of resulting in, a representation that the person is a Cth body, or is acting on behalf of / with the authority of a Cth body, when in fact they are not. | 2 yrs; 5 yrs (gain / loss / influence intent) |
Proceeds of crime & instruments of crime (Crimes Act 1958 (Vic) Pt I Div 2A)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 194(1) | Dealing with proceeds of crime — knowing, and intending to conceal | (1) A deals with property — 'deal with' includes receive, possess, conceal or dispose of (s 193(1)); (2) the property is proceeds of crime — property derived or realised, directly or indirectly, from a Confiscation Act 1997 Sch 1 offence, a Cth offence that may be dealt with on indictment, or an equivalent interstate/foreign offence (s 193(1)); (3) A knows it is proceeds of crime; (4) A intends to conceal that it is proceeds of crime. Facts constituting the predicate offence must be proved, but not its particulars (s 193(2); cf R v Rogerson). | Level 3 / 20 yrs — triable summarily only under CPA Sch 2 item 4.20 (property a motor vehicle, or value ≤ $100,000 in the court's judgment). Defence s 194(5). Confiscation Act Sch 1 offence‡ |
| s 194(2) | Dealing with proceeds of crime — knowing | (1) A deals with property (s 193(1)); (2) it is proceeds of crime (s 193(1)); (3) A knows it is proceeds of crime. No intent to conceal required. | Level 4 / 15 yrs — triable summarily only under CPA Sch 2 item 4.20 (motor vehicle, or value ≤ $100,000). Defence s 194(5). Confiscation Act Sch 1 offence‡ |
| s 194(3) | Dealing with proceeds of crime — reckless | (1) A deals with property (s 193(1)); (2) it is proceeds of crime (s 193(1)); (3) A is reckless as to whether or not it is proceeds of crime — aware of a substantial risk that it is, and unjustifiable to take that risk. | Level 5 / 10 yrs — automatically triable summarily as a level 5 offence (CPA s 28(1)(b)); no value cap. Defence s 194(5). Confiscation Act Sch 1 offence‡ |
| s 194(4) | Dealing with proceeds of crime — negligent | (1) A deals with property (s 193(1)); (2) it is proceeds of crime (s 193(1)); (3) A is negligent as to whether or not it is proceeds of crime — failed to exercise the care a reasonable person would have exercised in the circumstances. | Level 6 / 5 yrs — automatically triable summarily as a level 6 offence (CPA s 28(1)(b)); no value cap. Defence s 194(5). Confiscation Act Sch 1 offence‡ |
| s 195 | Dealing with property suspected of being proceeds of crime | (1) A deals with property (s 193(1)); (2) there are reasonable grounds to suspect that the property is proceeds of crime. Objective test — no subjective knowledge, recklessness or negligence need be proved. No statutory law-enforcement defence. | Level 7 / 2 yrs — expressly a summary offence (s 195); Magistrates' Court only |
| s 195A(1) | Dealing with property that subsequently becomes an instrument of crime — intending | (1) A deals with property (s 193(1)) intending that it will become an instrument of crime — property used in, or to facilitate, a Confiscation Act 1997 Sch 1 offence, a Cth indictable offence, or an equivalent interstate/foreign offence (s 193(1)); and (2) the property subsequently becomes an instrument of crime. Both limbs required: if the contemplated offence is aborted, the charge fails. | Level 4 / 15 yrs — DPP consent required to commence (s 195A(4)); triable summarily under CPA Sch 2 item 4.21 if value ≤ $100,000. Defence s 195A(5) |
| s 195A(2) | Dealing with property that subsequently becomes an instrument of crime — reckless | (1) A deals with property being reckless as to whether or not it will become an instrument of crime; and (2) the property subsequently becomes an instrument of crime. | Level 5 / 10 yrs — DPP consent required (s 195A(4)); automatically triable summarily (CPA s 28(1)(b)). Defence s 195A(5) |
| s 195A(3) | Dealing with property that subsequently becomes an instrument of crime — negligent | (1) A deals with property being negligent as to whether or not it will become an instrument of crime; and (2) the property subsequently becomes an instrument of crime. | Level 6 / 5 yrs — DPP consent required (s 195A(4)); automatically triable summarily (CPA s 28(1)(b)). Defence s 195A(5) |
Money laundering / proceeds of crime (Criminal Code Act 1995 (Cth) Div 400)¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 400.3 | Dealing — value > $1,000,000 | (1) deals with money/property (s 400.2: receive, possess, conceal, dispose, import, export, banking transaction); (2) it is/believed to be proceeds of crime, or intended to be an instrument of crime; (3) value at the time > threshold; fault per column. Absolute liability on value (e.g. s 400.3(4)). | Believe 25y / Reckless 12y / Negligent 5y |
| s 400.4 | Dealing — value > $100,000 | As s 400.3; value threshold > $100,000. | Believe 20y / Reckless 10y / Negligent 4y |
| s 400.5 | Dealing — value > $50,000 | As s 400.3; value threshold > $50,000. | Believe 15y / Reckless 7y / Negligent 3y |
| s 400.6 | Dealing — value > $10,000 | As s 400.3; value threshold > $10,000. | Believe 10y / Reckless 5y / Negligent 2y |
| s 400.7 | Dealing — value > $1,000 | As s 400.3; value threshold > $1,000. | Believe 5y / Reckless 2y / Negligent 1y |
| s 400.8 | Dealing — any value | As s 400.3; no value threshold. | Believe 1y / Reckless 6m / Negligent 10 pu |
Social security offences (Social Security (Administration) Act 1999 (Cth))¶
| Section | Offence | Brief elements | Penalty / SS / SORA |
|---|---|---|---|
| s 212 | False statement re a claim or hardship request | (1) makes a statement; (2) false or misleading; (3) reckless as to whether it is false/misleading; (4) made in connection with or in support of the person's or another's claim. | 12 months (s 217)† |
| s 213 | False statement to deceive or affect rates | (1) makes a statement; (2) false or misleading; (3) reckless as to that; (4) reckless as to whether it may deceive, or may affect the rate of payment. | 12 months (s 217)† |
| s 214 | False statement or document | (1) makes a statement to / presents a document to an officer; (2) false or misleading in any particular; (3) reckless as to that. | 12 months (s 217)† |
| s 215 | Obtaining a payment that is not payable | (1) obtains a social security payment or instalment; (2) knowing the payment is not payable at all, or only partly payable. | 12 months (s 217)† |
| s 216 | Payment obtained through fraud | (1) obtains a payment/instalment by impersonation or a fraudulent device; OR (1) makes a false/misleading statement, reckless as to that, thereby obtaining a payment/instalment. | 12 months (s 217)† |