MAKING FALSE OR MISLEADING STATEMENTS

Under Section 137.1 of the Criminal Code Act 1995 (Cth), it is an offence to knowingly give information to a Commonwealth entity, or a person carrying out duties under Commonwealth law, if that information is false or misleading in a material way. This includes:

- Providing information you know is untrue

- Leaving out important details that make the information misleading

- Creating a false impression, even if some facts are technically correct

The law is designed to protect the integrity of information provided to government agencies and to ensure that decisions are made on accurate and truthful facts.

This offence is not about innocent mistakes — the prosecution must prove that the person knew the information was false or misleading at the time it was given.

Commonwealth offences (s 137.1, Criminal Code Act 1995 (Cth))

- Maximum penalty: 12 months’ imprisonment.

- Applies where a person knowingly gives information to a Commonwealth entity (e.g. Centrelink, ATO, Immigration) that is false or misleading in a material way.

Queensland offences (various statutes)

- For example, under s 217 of the Crime and Corruption Act 2001 (Qld), giving a false or misleading statement to the Crime and Corruption Commission carries a maximum penalty of 85 penalty units or 1 year’s imprisonment.

- Making a false statutory declaration under the Oaths Act 1867 (Qld) can also result in criminal charges, with penalties including imprisonment.

The exact penalty depends on which law applies (Commonwealth or Queensland), the seriousness of the false statement, and whether it was deliberate. Even if imprisonment is not imposed, a conviction can leave you with a criminal record that impacts employment, travel, and future opportunities.

To secure a conviction for making a false or misleading statement under Section 137.1 of the Criminal Code Act 1995 (Cth), the prosecution must prove each of the following beyond reasonable doubt:

- You gave information – the accused provided information to another person.

- The recipient was a Commonwealth entity or official – the information was given to a Commonwealth agency or department (for example, Centrelink or the Australian Taxation Office (ATO)), or to someone performing duties under a Commonwealth law.

- The information was false or misleading in a material way – either the statement itself was untrue, or it omitted details that made it misleading.

- Knowledge – the accused knew at the time that the information was false or misleading.

- For Queensland‑specific offences (such as false verified statements under s 193 of the Criminal Code 1899 (Qld)), the prosecution must prove that:

- A verified statement was made (e.g. on oath, affirmation, or statutory declaration).

- The statement was false in a material particular (capable of affecting a decision).

- The accused knew the statement was false when it was made.

It is not enough for the police to show that a mistake was made. They must prove that the false or misleading information was material and that it was given knowingly, not accidentally.

Not every incorrect statement amounts to a criminal offence. The prosecution must prove that the information was knowingly false or misleading and material to the decision being made. Possible defences include:

- Honest mistake – where the information was incorrect but you genuinely believed it to be true at the time.

- Lack of knowledge – if you did not know the information was false or misleading when you gave it.

- Immaterial statement – if the false or misleading detail was not “material” (i.e. not significant enough to affect the decision of the agency or authority).

- No intent to mislead – where omissions or errors were accidental and not intended to create a false impression.

- Duress or necessity – in rare cases, if the statement was made under threat or extreme pressure.

A simple error or misunderstanding is not enough for a conviction. The law requires proof that the false or misleading statement was deliberate and significant.

A conviction for making a false or misleading statement is treated as a serious dishonesty offence. The penalties vary depending on whether the charge is brought under Commonwealth or Queensland law:

Commonwealth offences (s 137.1, Criminal Code Act 1995 (Cth)) – giving false or misleading information to a Commonwealth agency such as Centrelink or the ATO carries a maximum penalty of 12 months’ imprisonment.

Queensland offences (s 193, Criminal Code 1899 (Qld)) – making a false verified statement (such as in a statutory declaration or sworn document) carries a maximum penalty of 7 years’ imprisonment.

Other Queensland statutes – for example, under the Crime and Corruption Act 2001 (Qld), providing false or misleading information to the CCC can result in fines or imprisonment.

Beyond the sentence itself, a conviction can also mean:

- A criminal record, which may affect employment, professional licences, and international travel.

- Reputational damage, as dishonesty offences are viewed harshly by courts and the community.

- Ongoing personal and financial consequences, including difficulties in business, career progression, and personal relationships.

Courts treat these offences seriously because they undermine the integrity of government processes and legal documents. The outcome will depend on the seriousness of the falsehood, whether it was deliberate, and the harm it caused.

Being accused of making a false or misleading statement can be overwhelming, especially when it involves agencies like Centrelink or the ATO. At Coral Coast Law, we understand the stress these charges bring and the serious impact a conviction can have on your future. We can:

- Act quickly to protect your rights from the very first interview with investigators.

- Examine the evidence carefully to identify whether the statement was truly false or misleading, and whether it was material to the decision being made.

- Raise available defences such as honest mistake, lack of knowledge, or immateriality of the statement.

- Negotiate with prosecutors to reduce the seriousness of the charge or seek alternatives to a conviction.

- Represent you in court to work towards the best possible outcome.

Dishonesty offences are treated seriously, but with the right legal advice and representation, it is often possible to reduce the impact on your life and protect your future opportunities.