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Federal Directors Cheating or Defrauding

Fraud / Dishonesty / Theft Offences – Federal

Welcome to the Federal Directors cheating or defrauding article page. Everything you need to know about Directors cheating or defrauding according to Federal law – Dated: 01/09/2009

What the Law States according to Federal Law for Directors cheating or defrauding

According to Federal Law for the charge of Directors cheating or defrauding:

Section 176A of the Crimes Act states:

Whosoever, being a director, officer, or member, of any body corporate or public company, cheats or defrauds, or does or omits to do any act with intent to cheat or defraud, the body corporate or company or any person in his or her dealings with the body corporate or company shall be liable to imprisonment for 10 years.

The Maximum Penalty – Directors cheating or defrauding

According to Federal Law for the charge of Directors cheating or defrauding, the maximum penalty for this offence is 10 years imprisonment.

What the Police must prove according to Federal Law for Directors cheating or defrauding

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused was director, officer or member of a body corporate or public company.
  2. The accused either:
    • (a) cheated or defrauded;
    • (b) did an act with intent to cheat or defraud; or
    • (c) omitted to do an act with intent to cheat or defraud.
  3. The act of cheating or defrauding was upon:
    • (a) the body corporate (public company); or
    • (b) any person in his or her dealings with the body corporate (public company).

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Directors cheating or defrauding

Possible defences to this offence include but are not limited to:

  1. Duress
  2. Necessity

In Federal which court will hear the matter – Directors cheating or defrauding

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

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