Have you been charged with Deliberately Omitting Information?

What does it mean to deliberately omit information?

If you have been charged with Deliberately Omitting Information under Section 58 of the Taxation Administration Act 1997, it is critical to understand the nature of the offence and the potential consequences.

This offence involves intentionally leaving out crucial information when making a statement to a tax officer.

What Must the Prosecution Prove:

To secure a conviction for this offence, the prosecution must establish:

1. You omitted information from a statement made to a tax officer.
2. The omission made the statement false or misleading in a material way.
3. You knew that the omission would render the statement false or misleading.

Penalties for omitting information:

The penalties for Deliberately Omitting Information are significant:

• Body Corporate: Up to 500 penalty units.
• Individual: Up to 100 penalty units.

Where will my case be heard?

Cases involving the deliberate omission of information are heard in the Magistrates’ Court of Victoria.

Factors and defences to consider:

Before deciding how to proceed, consider the following:

• Was the omitted information crucial to the statement’s accuracy?
• Did you knowingly omit the information?
• Can the prosecution prove your intent to mislead?
• Do you have a reasonable excuse for the omission?

These questions will help determine whether you have a valid defence. An experienced criminal lawyer can assess whether you intentionally omitted information and explore possible defences or mitigating factors in your case.

What happens next?

It is vital to consult a specialist criminal lawyer as soon as possible. Thorough preparation is essential for a strong defence or to minimise the impact of a guilty plea.

Contact MK Law on 1800 130 120 to schedule an appointment with one of our experienced lawyers today. We can provide you with the necessary guidance and representation to achieve the best possible outcome.