09 Fraud, deception and related offences
Division 09 - Fraud, deception and related offences
Offences involving a dishonest act or omission carried out with the purpose of deceiving to obtain a benefit.
This division is disaggregated into subdivisions on the basis of the type of fraud or deception involved.
Offences in this division are classified into the following subdivisions:
091 Obtain benefit by deception
092 Forgery and counterfeiting
093 Deceptive business/government practices
099 Other fraud and deception offences
Inclusions:
Utter a forged/counterfeit document
Unlicensed person practicing a trade/profession
Identity fraud
Conspiracy to defraud
Exclusions:
Deceive a witness. These are coded to Group 1561, Subvert the course of justice.
Deception offences relating to weapons and explosives, other than those relating to licensing. These offences are coded to the relevant groups within Division 11, Prohibited and regulated weapons and explosives offences.
091 Obtain benefit by deception
Subdivision 091 Obtain benefit by deception
The use of deception or impersonation with the intent of dishonestly obtaining property, goods, services or other benefit, or to avoid a disbenefit.
This subdivision is not further disaggregated.
Offences in this subdivision are classified into the following group:
0911 Obtain benefit by deception
0911 Obtain benefit by deception
The use of deception or impersonation with the intent of dishonestly obtaining property, goods or services or other benefit, or to avoid a disbenefit.
Inclusions:
Identity fraud
Creation of a fictitious identity
Forgery involving the assumption of another person's identity
Cheque/credit/EFTPOS card fraud
Prescription drug fraud
False representation
State a false name
Income taxation fraud
Phishing
Use of stolen deeds/bill of sale
Make false/misleading statement with intent to obtain a benefit
Social security fraud (federal)
Social welfare fraud (state)
Sales taxation fraud
Fraud against insurance companies
Fraudulent third-party motor vehicle claims
Avoid payment of customs and excise
Imposition
Computer hacking involving fraud
Exclusions:
Obtain a benefit through fraudulent trade practices. These are coded to Group 0931, Fraudulent trade practices.
Misrepresentation of professional status. These are coded to Group 0932, Misrepresentation of professional status.
Computer hacking involving property damage. These are coded to Group 1219, Property damage, nec.
Computer hacking involving breach of government security. These are coded to the relevant groups within Subdivision 155, Offences against government security.
Computer hacking not involving theft of software, fraud, property damage or breach of government security. These are coded to Group 1612, Offences against privacy.
092 Forgery and counterfeiting
Subdivision 092 Forgery and counterfeiting
Actions involving the making or use of false currency or the falsifying of official documents with an intention to deceive, obtain money, goods or services, or obtain a benefit or advantage. This includes the possession of equipment to make false/illegal instruments.
This subdivision is further disaggregated by the type of forgery, and the possession of forgery equipment.
Offences in this subdivision are classified into the following groups:
0921 Counterfeiting of currency
0922 Forgery of documents
0923 Possess equipment to make false/illegal instrument
0921 Counterfeiting of currency
Offences involving the passing or possession of counterfeited coins or notes.
0922 Forgery of documents
Offences involving the passing or possession of forged official documents.
Inclusions:
Create false documents
Forge passport or visa
Forge birth certificate
Forge Commonwealth document
Forge bill of sale, share certificate
Supply false documentation to get a weapons/explosives licence/permit
Supply false documentation to get, keep or upgrade a vehicle licence/permit
Forge signature on document
Forge motor vehicle registration certificate
Exclusions:
Theft of deeds or bill of sale. These are coded to Group 0821, Theft from a person (excluding by force).
Forgery involving the assuming of another person’s identity. These are coded to Group 0911, Obtain benefit by deception.
0923 Possess equipment to make false/illegal instrument
Possess or use equipment to make false or illegal documents or currency, with the intent to obtain a benefit or advantage.
Inclusions:
Use of counterfeiting equipment
Possess equipment used for the manufacture of official documents
Possess equipment/plates used for the manufacture of coins/notes
Computer hacking involving fraudulent creation of a false/illegal instrument
Exclusions:
Computer hacking involving the theft of intellectual property. These are coded to Group 0822, Theft of intellectual property.
093 Deceptive business/government practices
Subdivision 093 Deceptive business/government practices
Actions carried out by deceitful or dishonest conduct as part of trade or commercial business activity, with the intent to avoid liability or obtain an advantage, financial or otherwise.
This subdivision is further disaggregated by the type of deceptive business/government practice that has been committed.
Offences in this subdivision are classified into the following groups:
0931 Fraudulent trade practices
0932 Misrepresentation of professional status
0933 Illegal non-fraudulent trade practices
0931 Fraudulent trade practices
Actions carried out as part of trade or commercial activity that are intended to deceive consumers, stakeholders or other interested parties.
Inclusions:
Securities industry frauds (e.g. insider trading, issue misleading prospectus)
Breach of company code legislation (e.g. falsification of registers, false advertising)
Breach of the Trade Practices Act that constitutes a fraud offence
Fraudulent trade or commercial practices
Charge for goods or services that are not provided
Wind back speedometers on used cars
Sell used parts as new
Sell or attempt to sell a ticket for admission to entertainment where part of the proceeds are purportedly devoted to a charitable purpose without authorisation
Bait advertising (e.g. advertised sales in which stock is very limited, or is discounted for only a very brief period)
Price fixing (e.g. an agreement between business competitors to sell the same product at the same price, in order to push prices up)
Computer hacking involving fraudulent trade practices
False advertising
Exclusions:
Company offences involving the use of false instruments. These are coded to the relevant groups within Subdivision 092, Forgery and counterfeiting.
Secret commissions associated with trade practices. These are coded to Group 0999, Other fraud and deception offences, nec.
Advertisements falsely claiming a professional status. These are coded to Group 0932, Misrepresentation of professional status.
0932 Misrepresentation of professional status
Acts intended to deceive others into a mistaken belief that a person belongs to a particular profession, trade, rank or status.
Inclusions:
Advertisements falsely claiming a professional status
Impersonation of a professional or justice official
Unlicensed/unregistered person practicing a trade or profession
Exclusions:
False advertising. These are coded to Group 0931, Fraudulent trade practices.
0933 Illegal non-fraudulent trade practices
Acts intended to obtain financial gain or advantage through dishonest or unscrupulous means, not involving fraud.
Inclusions:
Selective supply (or non-supply) of a product by a manufacturer or wholesaler to business entities operating in competition with each other
Acceptance or solicitation of a ‘gazumping’ offer
099 Other fraud and deception offences
Subdivision 099 Other fraud and deception offences
Other fraud and deception offences not included elsewhere in Division 09.
This subdivision is further disaggregated based on whether the offence involved dishonest conversion, or any other fraudulent or deceptive elements.
Offences in this subdivision are classified into the following groups:
0991 Dishonest conversion
0999 Other fraud offences, nec
0991 Dishonest conversion
Dishonestly converting money or goods that come into a person’s possession or control, not involving the use of deception or taking without consent.
Inclusions:
Embezzlement
Misappropriation
Steal as a public servant
Theft by a person in a position of trust (e.g. accountant, bailee, agent, collector, business partner, employee, council member)
Fraudulent conversion of a motor vehicle
Exclusions:
Theft of a motor vehicle, its contents, or parts for the purpose of dishonest conversion. These are coded to Group 0811, Theft of a motor vehicle; or Group 0813, Theft of motor vehicle parts or contents.
Theft of goods or services for the purpose of dishonest conversion. These are coded to the relevant groups within Subdivision 082, Theft (except motor vehicles).
0999 Other fraud and deception offences, nec
Other fraud/deception offences not elsewhere classified in Division 09.
Inclusions:
Collect for an unregistered charity
Pretend to exercise any kind of witchcraft, sorcery, enchantment or conjuration to tell fortunes
Interfere with boundary marks
Secret commissions