Need to speak to a lawyer about a criminal matter? Book in a Free of Charge meeting today.


Blog Layout

When Is Fraud a Criminal Offence in the ACT?

Andrew Byrnes Law Group • October 1, 2020
Scams run rampant around the world, which are essentially schemes that offer unrealistic chances. Scammers entice people to invest in wealth opportunities, or perhaps products and services that are below pricing points. They take advantage of people using false pretences, which can also happen in large scales such as within or between organisations. 

In the Australian Capital Territory, such scams can be considered fraud. Fraud is defined as a type of criminal offence that varies in terms of scale, but can usually involve large sums of money. 

If you find yourself dealing with fraud charges, it’s important to gain a little more knowledge about the laws surrounding the offence. To help you get a firm grasp of the law relating to fraud, here is a quick guide for you. We will talk about what constitutes fraud in the ACT:

Offence 1: Obtaining financial advantage through deception 

This type of fraud pertains to the act of dishonestly obtaining financial advantage (or monetary gain) through deception, where victims are lured in with false promises regarding lending schemes, investments and other financial processes. If convicted, the accused may face a maximum penalty of 10 years’ imprisonment and/or a 1,000 penalty unit fine. 

Offence 2: Obtaining another individual’s property through deception

This type of fraud pertains to the act of dishonestly gaining access/control of another’s property, done through deception. Victims are lured to permanently give up their ownership, under false promises of investments and other schemes. Like with the first offence, the accused will face up to 10 years’ imprisonment and/or a 1,000 penalty unit fine. 

Offence 3: Conspiracy to defraud 

Conspiracy to defraud pertains to a dishonest act of obtaining finances and other gains from a third person, as part of a grander scheme. Like the previous offences, this means the accused faces up to 10 years of imprisonment and/or a 1,000 penalty units fine. 

Offence 4: General dishonesty

General dishonesty pertains to the act of doing anything with the intention of dishonesty, with the end goal being to gain an advantage over someone else. If proven guilty, the accused faces 5 years of imprisonment and/or 500 penalty units, which is considerably lighter compared to the first three offences. 

Enlisting the help of the best Canberra law firm

From everything discussed, one can deduce that the laws encompassing fraud contain broad meanings and apply broadly to different situations. Financial advantage is a concept that can be interpreted in various ways, as with the meaning of deception, especially when placed in various contexts. A financial gain can pertain to swindling and more specific offences, making the law open to interpretation. In other words, the law regarding fraud in the ACT can be difficult to understand. In essence, the prosecution can point to a large number of different types of conduct in order to accuse you of guilt of a fraud based offence. 


 The process of facing fraud charges can be complex and rather technical, especially since the criminal offences regarding fraud carry hefty punishments. Prosecution cases and the evidence relating to the prosecution case must be scrutinised careful to assess whether or not you are likely to be found guilty or not. If you find yourself dealing with a fraud case, it’s always best to consult a lawyer well-versed in the ACT laws. 


For the best criminal lawyers in Canberra, trust Andrew Byrnes Law Group. We are passionate and innovative lawyers, ever ready to help you come up with the best defence strategies. Allow us to represent you with confidence and passion—book a free consultation today. 

A bunch of candy with smiley faces and hearts on them
By Andrew Byrnes January 22, 2025
MDMA remains illegal for recreational use in Australia, but the ACT has decriminalised possession of small amounts. Learn about the legal changes, medical use, and potential risks.
A man in handcuffs and a bag of drugs
By Andrew Byrnes January 14, 2025
Learn about the ACT’s progressive approach to cocaine laws, recent decriminalisation reforms, penalties for offences, and how drug diversion programs work. Read more.
sexual offences
By Andrew Byrnes December 6, 2024
Facing charges for a sexual offence in Canberra, ACT? Learn what constitutes a sexual offence, relevant laws, court procedures, and penalties to navigate your case effectively.
A lawyer is sitting at a table talking to a client.
By Andrew Byrnes December 6, 2024
Is your legal issue criminal or civil? Learn how criminal and civil lawyers differ and determine who can help with your situation.
speeding car
By Andrew Byrnes October 16, 2024
Find out if speeding is a criminal offence in the ACT. Know the speeding limits, potential penalties, and how this offence can impact your driving record.
spent conviction concept
By Andrew Byrnes October 16, 2024
Find out what spent convictions are, how it can impact your profession and personal life, and the laws in the ACT that govern them. Read here to learn your rights and options.
a child in handcuffs
By Andrew Byrnes September 11, 2024
Learn the specifics of the Age of Criminal Responsibility in ACT. Read on to understand how this legislation impacts young individuals and the justice system.
A group of protestors
By Andrew Byrnes Law Group July 24, 2024
Public nuisance is an offence that may result in someone being fined or imprisoned. Learn more about public nuisance and find out what you can do if you've been charged with it.
A person wearing blue gloves is taking a finger print
By Andrew Byrnes Law Group May 30, 2024
Learn how long a drug charge can remain on your criminal record and the factors that affect its duration. Understand the implications for your future and explore options for record clearance.
A lawyer is sitting at a table talking to a client.
By Andrew Byrnes May 28, 2024
Whether you're an accused individual or a victim of domestic violence, this comprehensive blog offers a thorough exploration of the legal process and the legal rights of each individual involved.
More Posts
  • Looking for a Law Firm in Canberra?

    We can provide support for anything related to Criminal Law, Civil and Commercial Law, Personal Injury or Wills and Estate Planning, we offer free, tailored individual advice based on your circumstances.


    Visit Website

I hope you enjoy reading this blog post.

We can provide support for anything related to Criminal Law or Civil and Commercial Law. We offer free, tailored individual advice based on your circumstances.

Share by: