Think Before You Act: Understanding Fraud Laws in Queensland

Fraud is more than just a financial criminal offence - it’s a breach of trust that can have serious consequences for everyone involved.

In Queensland, criminal fraud is covered under Section 408C of the Criminal Code 1899, and it applies to a wide range of dishonest behaviours.

At its core, criminal fraud involves using deception to gain something of value or to cause a loss to another person or organisation. This could include actions like providing false information, misusing someone’s property, or lying to gain a financial or personal benefit. Whether it’s through emails, paperwork, or even verbal statements, if the intent is dishonest, it can be considered fraud under the law.

Section 408C is broad in scope, covering everything from minor misrepresentations to large-scale financial deception. The law is designed to protect both individuals and businesses by ensuring that people are held accountable for actions that involve dishonesty and manipulation.

What Are the Penalties?

Criminal Fraud is treated seriously in Queensland, and the penalties reflect that. A conviction for fraud can carry a maximum sentence of 10 years’ imprisonment. However, the actual penalty will depend on several factors:

The amount of money or value involved
The level of planning or sophistication
Whether the offender was in a position of trust (such as an accountant, employee, or financial advisor)
Whether the offender has any prior convictions

In some cases, the court may also order fines or require the offender to pay back the money (restitution) to the victims. Cases involving large sums or significant breaches of trust usually attract much harsher penalties.

Why It Matters

Understanding fraud laws is important for everyone - not just those in financial roles. Whether you're running a business, managing money, or simply making personal decisions, acting honestly and ethically helps protect you and those around you.

If you’re facing a fraud charge or believe you’ve been the victim of fraud, seeking legal advice early is essential. Knowing your rights and responsibilities can make all the difference in how the situation is handled.

Author:
Nick Dore
Managing Principal

This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact the Fisher Dore team.

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