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Fraud Dishonesty Theft Offences

Potts Lawyers > Fraud Dishonesty Theft Offences

Robbery and Burglary in Queensland

If you’ve been charged with or are under investigation for robbery or burglary in Queensland, it's important to understand what these offences involve, the differences between them, and the legal process that follows. This article explains both offences, the potential penalties, and what courts deal with these matters. What Is Robbery? Robbery is a theft offence that involves actual violence or the threat of violence. Under Queensland law, a person commits robbery if they: Steal something, and at or immediately before or after the time of stealing, use or threaten to use actual violence to any person or property in order to obtain the...

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Tainted Property & Money Laundering

Tainted Property & Money Laundering In Queensland there are a number of offences aimed at stopping people from possessing or using money or other property that has been acquired by, or from, the commission of a criminal offence. These include offences under Queensland state legislation as well as Commonwealth offences under federal legislation. What is tainted property? Tainted property is defined separately under a number of pieces of legislation in Queensland. In essence it includes: any property obtained from the commission of an offence; or any property obtained by converting or exchanging property obtained from the commission of an offence. For example, property that...

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Computer Hacking in Queensland

In today's interconnected world, businesses and individuals are increasingly reliant on computer systems to store and transmit sensitive information.   The Landscape of Computer Hacking in Queensland Queensland is said to have witnessed a surge in computer hacking incidents in recent years. In 2022-2023 Queensland accounted for 30% of the nation’s cybercrime reports[1]. In layman’s terms, people can be accused of activities such as identity theft, ransomware attacks, and phishing scams.   The Offence of Computer Hacking in Queensland Despite its prevalence, many people don’t appreciate exactly what constitutes computer hacking in Queensland. The charge covers much broader situations than just the traditional image of a tech genius using...

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Stealing – what is it and what are the penalties?

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing?  What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

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Tax Offences

On the 1st July 2015 a special prosecutions taskforce was established to deal with the increasing number of cases of tax fraud, the “Serious Financial Crime Taskforce” (SFCT). Up until then most tax related fraud was investigated by the ATO in conjunction with the Federal Police and in some cases the CDPP – (Commonwealth Director of Public Prosecutions) Since the establishment of the SFCT there has been raised liabilities of over $473 million and $175 million collected. Matters treated as a potential risk to the SFCT are as follows: Failure to keep proper company or business financial records Failure to lodge annual...

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I am receiving a Centrelink payment. What are my obligations? What happens if I fail to meet my obligations?

If you are receiving a social security payment, you need to be aware of your obligations. If you fail to meet these obligations, you can be charged with an offence in addition to having your payment cancelled. For this reason, it is important to ensure strict compliance with the requirements under the Social Security (Administration) Act 1999 (Cth). It must be stressed that this information is not exhaustive and does not constitute legal advice. If you would like specific and detailed information regarding your obligations as a Centrelink recipient, you should seek our advice. WHAT ARE MY OBLIGATIONS? Your obligations as a welfare...

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Centrelink Fraud – No offence for failing to disclose a change in circumstances?

We live in a country with a legal system that is largely based on legislation; but in some cases that legislation is derived from decisions in superior courts.  A court will make a ruling on a particular case and the hierarchy of courts in Australia generally sees the lower courts being bound to follow the decision of the higher courts.