081 Obtain benefit by deception

This subdivision includes intentional use of deception or impersonation to obtain money, property, goods, services, or other benefits, or to avoid a disbenefit. The victim may be a person, business, group, or government agency. There may be multiple victims or no specific victim.

Identity theft includes fraudulently using a person’s identity or components of another person’s identity for personal gain.

• Credit card or debit card fraud, including use of stolen cards
• Forgery involving the assumption of another person’s identity, except passport or visa forgery
• Use cloned numberplate
• Other identity theft

• Forgery of a passport or visa, or use of a false passport or visa – coded to 1519 Offences against national security, nec  
• Use a fake ID with consent, or where the person on the ID is fictitious – coded to 0819 Obtain benefit by deception, nec
• Use of personal data that does not involve claiming to be another person – coded to 0841 Privacy offences

This group includes offences committed by individuals or businesses that use online deception for financial gain. This excludes fraudulent trade practices, such as a retail chain that uses bait advertising on their website, and also excludes extortion.

The scam may be via a website, email, text message, phone call, social media, apps, or other communication technologies. In many cases of online scams, the identity of the scammer will be unknown to the victim – compared to fraudulent trade practices, where maintaining anonymity is not a core part of the offence.

• Dating and romance scams
• Money exchange scams
• Online charity scams
• Overpayment scams
• Pharming or phishing scams
• Other online scams, excluding extortion or fraudulent trade practices

• Breach legislation related to unsolicited “spam” messages – coded to 0841 Privacy offences
• Deceptive trade practices that are not online scams – coded to 0821 Fraudulent trade practices
• Online blackmail including “sextortion” of an adult – coded to 0520 Blackmail or other extortion
• Online extortion including use of ransomware – coded to 0520 Blackmail or other extortion
• Theft of data or information through hacking – coded to 0841 Privacy offences
• Use of malware without intent for financial gain – coded to 0842 Unlawful harm to a digital system 

Tax offences include unlawful acts to avoid paying tax or to obtain a benefit from a government tax office.

• Customs or tax excise offences
• Provide false or misleading information to a government tax office
• Other tax offences

• Fail to make a payment to a local council – coded to 1729 Local offences, nec

Social services offences involve the provision of misinformation to government for the purpose of obtaining a benefit or avoid a disbenefit. Social services includes any support provided directly by any level of government. This may include payments, subsidies, healthcare, disability support, housing, or access to other government services.

Where it is not possible to disaggregate social services fraud offences from other acts to obtain benefit by deception, code to 0810 Obtain benefit by deception not further defined.

• Create, supply, or use a forged document with the intent to obtain social services benefit from government
• Deception by a person or organisation to obtain a social services benefit from government
• Provide false or misleading information to a government agency to gain a social services benefit or avoid disbenefit
• Other social services offences 

• Tax fraud – coded to 0813 Tax offences

Counterfeiting of currency involves the creation, intentional use or intentional possession of counterfeited coins or notes.

• Counterfeiting of coins or notes, including foreign currency
• Create or possess software designed to enable forgery 
• Import or export of counterfeit currency
• Possess tools or machinery used for the manufacture of currency
• Other offences relating to counterfeiting of currency

• Fraud involving conversion of currency – coded to 0819 Obtain benefit by deception, nec
• Manufacture or sell counterfeit goods – coded to 0821 Fraudulent trade practices

This group includes other intentional use of deception to gain a benefit, or avoid a disbenefit, not elsewhere classified. The victim may be a person, an organisation, or the community. This group excludes commercial business practices that involve deception of customers or clients, but may include offences by groups or organisations against government, such as grants fraud.

• Drive using a fake licence
• False bidding or intentional disruption at a property auction
• Grants fraud
• Insurance fraud
• Obtain credit by use of deception or fraud
• Other provision of false or deceptive information to a private organisation
• Use of forgery or deception to obtain prescription drugs
• Use of stolen or forged deeds or bill of ownership or sale
• Other use of deception to obtain a benefit, not elsewhere classified, excluding deceptive business practices 

• Create or use a fake licence for a weapon – coded to 1042 Unlawfully obtain or possess regulated weapons or explosives
• Deceive or mislead business customers or clients – coded to 0821 Fraudulent trade practices
• Electoral fraud – coded to 1523 Voting or electoral offences
• Hacking offences – coded to relevant groups in 084 Unlawful access to information or systems
• Misuse of a position of authority for private gain – coded to 0839 Corruption, nec
• Misuse of personal data – coded to 0841 Privacy offences
• Passport or visa fraud – coded to 1519 Offences against national security, nec
• Provide false information to government without personal gain – coded to 1529 Offences against government services, nec
• Use of fraud to threaten national security – coded to 1519 Offences against national security, nec
• Use of threats for financial gain, whether or not deception is involved – coded to 0520 Blackmail or other extortion