CREDIT CARD FRAUD

Credit card fraud refers to the unauthorised use of a credit card or card details to obtain money, goods, or services dishonestly. It can involve using a stolen or forged card, accessing someone else’s account without permission, or misusing card information online to make purchases or withdraw funds.

In Queensland, credit card fraud is prosecuted under Section 408C of the Criminal Code 1899 (Qld), which covers a wide range of dishonest conduct. The intention of this legislation is to protect individuals, businesses, and the community from financial loss and deception.

In Queensland, credit card fraud is prosecuted under Section 408C of the Criminal Code 1899 (Qld), which covers a wide range of dishonest conduct including the misuse of credit cards.

Penalties for Credit Card Fraud

- The maximum penalty is 5 years imprisonment.

- If the offence involves aggravating circumstances (for example, the fraud is committed as part of an organised crime group, involves a breach of trust, or causes significant financial loss), the penalty can increase to 14 years imprisonment.

- In serious cases prosecuted under Commonwealth law (such as large‑scale or cross‑border fraud), penalties can be even higher, depending on the circumstances.

Courts in Queensland treat credit card fraud as a serious financial crime. Even if the amount involved seems small, a conviction can still result in a criminal record, fines, or imprisonment — with long‑term consequences for employment, travel, and reputation.

To prove a charge of credit card fraud in Queensland, the prosecution must establish beyond a reasonable doubt that:

- The accused dishonestly engaged in conduct falling within one of the categories in Section 408C(1) of the Criminal Code 1899 (Qld), such as obtaining property, inducing delivery of property, gaining a benefit, causing a detriment, or making off without payment.

- The conduct was carried out using a credit card or card details without authority.

- The accused acted with intent to gain a benefit or cause a loss.

- The accused knew the conduct was dishonest by the standards of ordinary people.

If the prosecution cannot prove all of these elements, a charge of credit card fraud cannot be sustained.

In Queensland, a charge of credit card fraud under Section 408C of the Criminal Code 1899 (Qld) can be defended if the prosecution cannot prove every element of the offence beyond a reasonable doubt. 

Common defences include:

- Lack of dishonesty – the conduct may not meet the legal test for dishonesty, or the accused did not know it was dishonest by community standards.

- No intent to gain a benefit or cause a loss – without this intention, the offence cannot be made out.

- Mistaken identity or insufficient evidence – particularly relevant in online or electronic transactions.

- Lack of knowledge or authority – the accused may have reasonably believed they were authorised to use the card or details.

- Duress – if the conduct occurred under threats or coercion.

Even where there may be no clear defence, every case turns on its own facts. Our role is to carefully examine the evidence, identify any weaknesses in the prosecution’s case, and work to achieve the best possible outcome for you.

A conviction for credit card fraud in Queensland is treated very seriously under Section 408C of the Criminal Code 1899 (Qld). The penalties can be severe and will depend on the circumstances of the case.

- Imprisonment – the maximum penalty is 5 years’ imprisonment, but this can increase to 14 years where aggravating factors are present, such as when the fraud involves large sums of money, is committed as part of organised crime, or arises from a breach of trust (for example, an employee misusing a customer’s card details).

- Criminal record – a conviction will appear on your criminal history, which can affect employment, professional licences, and international travel.

- Fines and restitution – courts may order repayment of money or compensation to victims, in addition to other penalties.

- Impact on future opportunities – a fraud conviction can have long‑lasting effects on reputation, career prospects, and personal relationships.

Even if imprisonment is not imposed, a conviction for credit card fraud can carry serious and lasting consequences. The severity of the penalty will depend on factors such as the amount involved, whether the offence was planned, whether it was committed in the course of employment, and whether the offender has prior convictions.

At Coral Coast Law, we understand how stressful and overwhelming a charge of credit card fraud in Queensland can be. We can:

- Explain the law in plain English – so you know exactly what you are facing under Section 408C of the Criminal Code 1899 (Qld).

- Analyse the evidence – identifying any weaknesses in the prosecution’s case and advise you on the best strategy.

- Advise on defences and options – including whether dishonesty, intent, or identity can be challenged.

- Represent you in court – protecting your rights and working to achieve the best possible outcome, whether that means reduced penalties, avoiding a recorded conviction, or negotiating alternatives to imprisonment.

- Support you throughout the process – guiding you step‑by‑step so you are never left in the dark.

Facing a charge of credit card fraud in Queensland is a serious matter that can affect your freedom, reputation, and future opportunities. At Coral Coast Law, we provide clear advice, strong representation, and practical strategies to help you navigate the process and achieve the best possible outcome.