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1234.0 - Australian Standard Offence Classification (ASOC), 1997  
Previous ISSUE Released at 11:30 AM (CANBERRA TIME) 14/10/1997   
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Contents >> Chapter 3: Definitions >> 09 Deception and Related Offences

Division 09 - Deception and Related Offences

The use of deception, secret agreements or the making of false instruments with the intent of dishonestly obtaining property, services or other advantage.

This division is disaggregated on the basis of the method of deception used, the victim and offender.

Offences in this division are classified into the following subdivisions:

    091 Fraud, Forgery or False Financial Instruments
    092 Counterfeiting Currency and Related Offences
    093 Dishonest Conversion
    094 Bribery
    099 Other Deception Offences

    Inclusions:
    Uttering and forgery
    Unlicensed/unregistered person practising in trade or profession

    Exclusions:
    Deception offences relating to weapons and explosives, other than those relating to licensing. These offences are coded to Division 11, Weapons and Explosives Offences
    Deceiving a witness. This is coded to Group 1521, Subvert the Course of Justice


Subdivision 091 - Fraud, Forgery or False Financial Instruments

Inducing a course of action, by deceit or other dishonest conduct, with the intent to obtain money or other benefit or to evade a liability. The making, use or possession of a forged financial instrument with an intention to obtain an advantage.

This subdivision is further disaggregated on the basis of the method of the fraud or forgery.

Offences in this subdivision are classified into the following groups:

    0911 Cheque or Credit Card Fraud
    0912 Make, Use or Possess Equipment to Make False/Illegal Financial Instrument
    0913 Fraudulent Trade Practices
    0914 Prescription Drug Fraud
    0915 Fare Evasion
    0919 Fraud, nec

    Inclusions
    :
    Impersonation
    False pretences
    Fraudulent accounting
    0911 Cheque or Credit Card Fraud
    Actions involving the making or use of false or illegally obtained cheques, EFTPOS cards, credit cards or store cards with an intention to deceive, obtain money, goods or services or otherwise obtain a benefit or advantage.

      Inclusions
      :
      Cheque fraud
      EFTPOS card fraud
      Credit card fraud
      Store card fraud

      Exclusions
      :
      Theft of cheques, EFTPOS cards, credit cards and store cards. These are coded to Group 0821, Theft From a Person Excluding by Force)
      Theft of deeds, bill of sale. These are coded to Subdivision 082, Theft (Except Motor Vehicles)
      Computer hacking involving software piracy. This is coded to Group 0822, Theft of Intellectual Property
      Computer hacking involving fraud. This is coded to either Group 0912, Make, Use or Possess Equipment to Make False/Illegal Financial Instrument, Group 0913, Fraudulent Trade Practices or Group 0919, Fraud, nec
      Computer hacking involving property damage. This is coded to Subdivision 121, Property Damage
      Computer hacking involving breach of government security. This is coded to Subdivision 153, Offences Against Government Security
      Computer hacking not involving theft of software, fraud, property damage or breach of government security. This is coded to Group 1612, Offences Against Privacy
    0912 Make, Use or Possess Equipment to Make False/Illegal Financial Instrument
    Actions involving the making or use of false or illegally obtained financial instruments (i.e. instruments issued by financial institutions) or documents with an intention to deceive, obtain money, goods or services or otherwise obtain a benefit or advantage.

      Inclusions
      :
      Possession of equipment to make false/illegal financial instruments
      Forge bill of sale, share certificate
      Social security fraud (Federal)
      Imposition
      Social welfare fraud (State)
      Income taxation fraud
      Sales taxation fraud
      Avoid payment of customs and excise
      Fraudulent third-party motor vehicle claims
      Fraud against insurance companies
      Computer hacking involving fraudulent creation of a false/illegal financial instrument

      Exclusions
      :
      Cheque, EFTPOS card, credit card or store card fraud. These are coded to Group 0911, Cheque or Credit Card Fraud
      Theft of cheques, credit card and EFTPOS cards. These are coded to Group 0821, Theft From a Person (Excluding by Force)
      Theft of deeds, bill of sale. These are coded to Subdivision 082, Theft (Except Motor Vehicles)
      Bribery of government official to obtain a benefit. This is coded to Group 0941, Bribery Involving Government Officials
      Computer hacking involving software piracy. This is coded to Group 0822, Theft of Intellectual Property
      Computer hacking not involving fraudulent creation of a false/illegal financial instrument. This is coded to either Group 0913, Fraudulent Trade Practices or Group 0919, Fraud, nec
      Computer hacking involving property damage. This is coded to Subdivision 121, Property Damage
      Computer hacking involving breach of government security. This is coded to Subdivision 153, Offences Against Government Security
      Computer hacking not involving theft of software, fraud, property damage or breach of government security. This is coded to Group 1612, Offences Against Privacy
    0913 Fraudulent Trade Practices
    Actions carried out as part of trade or commercial activity which are intended to deceive consumers or other interested parties.

      Inclusions
      :
      Security industry frauds (e.g. insider trading, issue misleading prospectus)
      Breaches of Company Code legislation (e.g. falsification of registers, false advertising)
      Breaches of the Trade Practices Act which are deception offences
      Fraudulent trade or commercial practices
      Charging for goods or services not provided
      Winding back speedometers on used cars
      Sell used parts as new
      Sell or attempt to sell a ticket for admission to entertainment where part of the proceeds are purportedly devoted to a charitable purpose without authorisation
      Bait advertising
      Price fixing
      Computer hacking involving fraudulent trade practices

      Exclusions
      :
      Company offences involving use of false instruments (e.g. share certificate). These are coded to Group 0912, Make, Use or Possess Equipment to Make False Financial Instrument
      Computer hacking not involving fraudulent trade practices. This is coded to either Group 0912, Make, Use or Possess Equipment to Make False/Illegal Financial Instrument or Group 0919, Fraud, nec
      Secret commissions associated with trade practices. These are coded to Subdivision 094, Bribery
      Advertisements falsely claiming a professional status. These are coded to Group 0991, Misrepresentation of Professional Status
    0914 Prescription Drug Fraud
    Offences involving the obtaining of prescription drugs by fraudulent means, including false statements, forged prescriptions or the use of third party claimants.

      Exclusions
      :
      Theft of prescription drugs. This is either coded to Group 0711, Unlawful Entry with Intent/Burglary, Break and Enter or Group 0823, Theft From Retail Premises
    0915 Fare Evasion
    Theft of the service of public transportation (including by bus, train, tram, taxi, water taxi, ferry or airline) by avoiding payment for that service.

      Exclusions
      :
      Shoplifting. This is coded to Group 0823, Theft From Retail Premises
      Leaving restaurant without paying. This is coded to Group 0829, Theft (Except Motor Vehicles) nec
      Fraudulent conversion. This is coded to Group 0931, Dishonest Conversion
    0919 Fraud, nec
    Fraud not elsewhere classified in Subdivision 091.

      Inclusions:
      Interfering with boundary marks
      Forge deed
      Forge signature on document
      Forge motor vehicle registration certificate
      Forge/alter licence plates with intent to deceive
      Possession of equipment to make false/illegal instruments other than financial instruments
      Passport or visa fraud
      Supply false documentation to get a weapons/explosive licence
      Supply false documentation to get, keep or upgrade a vehicle licence
      Computer hacking involving fraud other than fraudulent creation of a false/illegal financial instrument or fraudulent trade practices

      Exclusions:
      Computer hacking involving fraud other than fraudulent creation of a false/illegal financial instrument or fraudulent trade practices. This is coded to either Group 0912, Make, Use or Possess Equipment to Make False/Illegal Financial Instrument or Group 0913, Fraudulent Trade Practices depending on the circumstances surrounding the fraud.


Subdivision 092 - Counterfeiting Currency and Related Offences

Manufacture, pass or possess counterfeit coins/notes, or possess equipment/plates used for the manufacture of coins/notes.

This subdivision is not further disaggregated.

Offences in this subdivision are classified into the following group:

    0921 Counterfeiting Currency and Related Offences

    0921 Counterfeiting Currency and Related Offences
    Manufacture, pass or possess counterfeit coins/notes, or possess equipment/plates used for the manufacture of coins/notes.


Subdivision 093 - Dishonest Conversion

Dishonestly converting money or goods which came into a person's possession or control not involving the use of deception or taking without consent.

This subdivision is not further disaggregated.

Offences in this subdivision are classified into the following group:

    0931 Dishonest Conversion

    0931 Dishonest Conversion
    Dishonestly converting money or goods which came into a person's possession or control not involving the use of deception or taking without consent.

      Inclusions
      :
      Embezzlement
      Misappropriation
      Stealing as a public servant
      Theft by person in position of trust (e.g. accountant, bailee, agent, collector, partner, employee, council member)
      Fraudulent conversion of a motor vehicle

      Exclusions
      :
      Theft of a motor vehicle, its contents or parts for the purpose of fraudulent conversion. These are coded to Subdivision 081, Motor Vehicle Theft and Related Offences
      Theft of goods or services for the purpose of fraudulent conversion. This is coded to Subdivision 082, Theft (Except Motor Vehicles)


Subdivision 094 - Bribery

The giving, offering or accepting of reward to influence the exercise of power or authority.

This subdivision is disaggregated on a public and private sector basis.

Offences in this subdivision are classified into the following groups:

    0941 Bribery Involving Government Officials
    0949 Bribery, nec

    Inclusions
    :
    Secret commissions

    Exclusions
    :
    Bribery to subvert the justice process. This is coded to Group 1521, Subvert the Course of Justice
    0941 Bribery Involving Government Officials
    The offering, giving or accepting of a bribe involving a government official in the exercise of his or her official authority.

      Inclusions
      :
      Bribery of elected government representatives (Federal, State or local)

      Exclusions
      :
      Bribery to subvert the justice process (e.g. bribing a witness, juror or justice official). This is coded to Group 1521, Subvert the Course of Justice
      Bribes which threaten national security (e.g. selling national secrets). This is coded to Group 1539, Offences Against Government Security, nec
    0949 Bribery, nec
    The offering, giving or accepting of a bribe not elsewhere classified in Subdivision 094, Bribery.


Subdivision 099 - Other Deception Offences

Deception offences not included elsewhere in Division 09.

This subdivision is further disaggregated on the basis of whether acts involved misrepresentation or unscrupulous behaviour.

Offences in this subdivision are classified into the following groups:

    0991 Misrepresentation of Professional Status
    0992 Non-Fraudulent Trade Practices
    0999 Deception Offences, nec

    0991 Misrepresentation of Professional Status
    Acts intended to deceive others into a mistaken belief that a person belongs to a particular profession, trade, rank or status.

      Inclusions
      :
      Impersonation
      Falsely advertising a professional status
      Impersonate a justice official

      Exclusions
      :
      False advertising which is a breach of the Trade Practices Act. This is coded to Group 0913, Fraudulent Trade Practices

    0992 Non-Fraudulent Trade Practices
    Acts intended to obtain financial gain or advantage through dishonest or unscrupulous means, not involving fraud.

      Inclusions
      :
      Selective supply (or non-supply) of a product by a manufacturer or wholesaler to business entities operating in competition with each other
      Acceptance or solicitation of a 'Gazumping' offer
    0999 Deception Offences, nec
    Other deception offences not elsewhere classified in Division 09.

      Inclusions
      :
      Take reward to recover stolen animal
      Pretending to exercise witchcraft or any kind of witchcraft, sorcery, enchantment or conjuration to tell fortunes





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