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False statements by company directors

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Shaun Pascoe
Criminal Defence Lawyer


Other (inc. Computer Offences) - VIC
The Law - False statements by company directors

What the Law states - False statements by company directors


Crimes Act 1958 - SECT 85

False statements by company directors etc.

85. False statements by company directors etc.

(1) Where an officer of a body corporate or unincorporated association (or person purporting to act as such), with intent to deceive members or creditors of the body corporate or association about its affairs, publishes or concurs in publishing a written statement or account which to his knowledge is or may be misleading, false or deceptive in a material particular, he is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a creditor of it.

(3) Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connexion with his functions of management as if he were an officer of the body corporate or association.

Maximum Penalty in Victoria



10 years

What the Prosecution must prove - False statements by company directors - Vic


1. An officer of body corporate or unincorporated association (the 'association') intentionally deceives members or creditor ;

2. About the body corporate or unincorporated associaton's affairs.

3. Or the officer intentionally and knowingly publishes a misleading written statement or account

Possible Defences - False statements by company directors


Whether requisite dishonest 'intent' is established

Factual dispute

Which court will hear the charge of False statements by company directors


Magistrates Court with consent of defence and prosecution, otherwise County Court

Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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