Section 336 Crimes Act 1900
False Entry on Public Register

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Making a false statement for entry into a public register is an offence under section 336(1) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made a statement
  2. Your statement was related to an entry into a register kept by a public officer
  3. The register was kept for a public purpose
  4. You knew the statement was false or misleading in a material particular, and
  5. You did so for an improper purpose.

The statement may be oral or in writing.

A ‘public officer’ is any person working for a government department, statutory authority, local council or parliamentary body.

A register kept for a public purpose includes one kept by:

  1. The Roads and Maritime Service
  2. The Australian Taxation Office
  3. The Australian Securities and Investment Commission, or
  4. The Department of Home Affairs.

A materially false or misleading statement may include providing a false name, date or other detail which could influence decision-making.

An ‘improper purpose’ may include seeking a licence, visa, tax status or company registration when you are not entitled to it.

Duress is a defence to the charge.

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Making an improper entry into a publicly held register is an offence under section 336(2) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made an entry into a register
  2. The register was kept by a public officer for a public purpose
  3. You knew the entry was false or misleading in a material particular, and
  4. You did so for an improper purpose.

A ‘public officer’ is any person working for a government department, statutory authority, local council or parliamentary body.

A register kept for a public purpose includes one kept by:

  1. The Roads and Maritime Service
  2. The Australian Taxation Office
  3. The Australian Securities and Investments Commission, and
  4. The Department of Home Affairs.

A materially false or misleading particular may include a false name, date or other detail which could influence an outcome.

An ‘improper purpose’ may include seeking a licence, visa, tax status or company registration when you are not entitled to it.

Duress is a defence to the charge.

If you are going to court for the offence of False Entry on Public Register, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

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