Have you been charged with Deliberately Omitting Information?
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Good Faith, Use of Position and Use of Information as Criminal Offence
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Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
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Failing to Keep Proper Records
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Failing to Keep Additional Records for Taxation
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Inclusion of False or Misleading Information in Records
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Failing to Provide Access to Records
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Form of Record
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Giving False or Misleading Information to Tax Officers
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Deliberately Omitting Information
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Falsifying or Concealing Identity
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Tax Evasion
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Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
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Destruction of Evidence
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Corporate Criminal Responsibility, section 255
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False Accounting
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Falsification of Documents
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Suppression of Documents
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:
- You omitted information from a statement made to a tax officer.
- The omission made the statement false or misleading in a material way.
- 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.
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Good Faith, Use of Position and Use of Information as Criminal Offence
-
Financial Assistance by a Company for Acquiring Shares in the Company or a Holding Company
-
Officer of a Company That Has Induced Frauds
-
Failing to Keep Proper Records
-
Failing to Keep Additional Records for Taxation
-
Inclusion of False or Misleading Information in Records
-
Failing to Provide Access to Records
-
Form of Record
-
Giving False or Misleading Information to Tax Officers
-
Deliberately Omitting Information
-
Falsifying or Concealing Identity
-
Tax Evasion
-
Contaminating Goods with Intent to Cause, or Being Reckless as to Whether it would Cause, Public Alarm or Economic Loss
-
Destruction of Evidence
-
Corporate Criminal Responsibility, section 255
-
False Accounting
-
Falsification of Documents
-
Suppression of Documents
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.
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- 1800 130 120
- marcus@mklawfirm.com.au