Fraud Offences

Fraud charges in Queensland

Fraud is one of the most broadly defined offences in the Criminal Code. Under section 408C, you can be charged with fraud if you dishonestly:

• apply property belonging to someone else to your own use or the use of another person
• obtain property or a benefit from another person
• induce someone to deliver property, do something, or abstain from doing something
• gain a benefit or advantage, or cause a detriment to another person
• make off without paying for goods or services

(among other things: s 408C lists eight ways the offence can be committed)

Because the offence turns on the single concept of dishonesty, fraud charges cover an enormous range of conduct: from disputes over a few hundred dollars with an employer, misuse of a company card, or false invoicing, right up to complex commercial matters involving trust accounts and large sums.

Two related types of fraud are prosecuted differently. Centrelink fraud is a Commonwealth offence, usually obtaining a financial advantage by deception under s 134.2 (carrying up to 10 years) or the lesser s 135.2 offence (up to 12 months), prosecuted federally by the CDPP; our guide to Centrelink fraud in Queensland explains how these matters actually proceed. WorkCover fraud is a Queensland offence (section 533 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), carrying 500 penalty units or 5 years imprisonment) prosecuted by the Workers’ Compensation Regulator. We regularly represent clients in both.

White-collar, cyber fraud and money laundering charges

Fraud involving a business, a computer system or a digital account (often referred to as white-collar fraud) is still charged under the same framework as any other fraud, but the evidence looks different. It often involves an analysis of transaction logs, email headers, server records and device extractions, rather than the evidence of a single witness or a stolen physical item. The difference in these cases is the maximum penalty, which increases to 14 years under the director, officer, employee, employer or breach-of-trust circumstances in the penalties table below (s 408C(2)), where the dishonesty involved a position of trust within a business.

Cyber-facilitated conduct, including phishing and business email compromise, can also be charged under one or both of two further Queensland offences, s 408D and s 408E, as at 4 October 2026:

A further Commonwealth computer offence (unauthorised access, modification or impairment with intent to commit a serious offence under s 477.1) takes its maximum penalty from the offence it was meant to enable, rather than having a fixed term of its own. A charge of possessing data to commit a computer offence (s 478.3) carries up to 3 years imprisonment.

Money laundering can be charged under Queensland or Commonwealth law. The Queensland offence, section 250 of the Criminal Proceeds Confiscation Act 2002 (Qld), carries up to 20 years for knowingly dealing with tainted property and 10 years for doing so recklessly. Where the matter is prosecuted federally under Division 400 of the Criminal Code (Cth), the maximum penalty scales with the value involved and what you’re alleged to have known: dealing with money or property believed to be proceeds of crime carries life imprisonment where the value is $10 million or more (s 400.2B), 25 years at $1 million or more (s 400.3) and 20 years at $100,000 or more (s 400.4). A lower penalty applies if charged with the offence of dealing with property reasonably suspected of being proceeds of crime (s 400.9), which is an offence that does not require the prosecution to prove you knew where the money came from. Figures as at 4 October 2026.

Penalties for fraud

The maximum penalty depends on the circumstances of the offence and the value involved (s 408C, as at 3 July 2026):

Which court hears the charge matters too. Fraud of less than $30,000, or any fraud where you plead guilty, is generally dealt with in the Magistrates Court, where sentencing is capped at a maximum of 3 years imprisonment, well below the maximums above (ss 552BA–552BB, 552H). A contested charge of $30,000 or more goes on indictment to the District Court.

Courts treat breaches of trust, particularly by employees and professionals, very seriously, and jail is a real prospect in those cases even for relatively small amounts. The outcome depends heavily on preparation: the negotiated facts and quantum involved, restitution, and the supporting material put before the court all make an enormous difference.

How we defend fraud charges

Fraud prosecutions rise and fall on the evidence of dishonesty. The prosecution must prove beyond reasonable doubt that what you did was dishonest by the standards of ordinary honest people (R v Dillon; Ex parte Attorney-General (Qld) [2015] QCA 155). In many cases there is a legitimate explanation: an honest claim of right, an authorised transaction, a loan or arrangement the complainant now regrets, or simple mistake.

These cases usually involve substantial documentary evidence: bank records, accounting records, emails and messages. Our attention to detail in this material is where cases are won. We identify the weaknesses in the prosecution case early, and where appropriate we negotiate with the prosecution to have charges reduced, particulars amended, or the matter discontinued.

If the evidence against you is strong, we know exactly how to prepare your case for the best possible outcome (such as organising restitution, character references, and expert reports) to keep you out of jail and, wherever possible, avoid a recorded conviction.

What you should do next

Do not speak to police or investigators before getting advice; interviews in fraud matters are almost always used to establish the dishonesty element. Contact us for a free initial phone consultation and we will give you clear, honest advice about your position and your options.