Commonwealth Federal Offences

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Melbourne Commonwealth & Federal Offence Lawyers

Commonwealth & Federal Offence Lawyers

Lauren Tye defends clients facing Commonwealth charges prosecuted by the CDPP, including Centrelink, NDIS and tax evasion and tax fraud, drug importation, money laundering, bribery and cybercrime. Penalties can include substantial fines, a permanent criminal record, and imprisonment.

Available 24/7 for arrests and AFP, ATO or Services Australia interviews. Confidential. No obligation.

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Charged with a Commonwealth Offence?

Commonwealth charges are prosecuted by the CDPP and investigated by federal agencies such as the AFP, Services Australia, the ATO, the NDIA, AUSTRAC and Australian Border Force. They are commonly governed by the Criminal Code Act 1995 (Cth) and sentenced under Part IB of the Crimes Act 1914 (Cth).

These cases often involve large briefs, digital evidence, surveillance material, financial records, freezing orders or proceeds of crime proceedings.

Lauren Tye personally prepares each matter. She reviews the brief, identifies weaknesses in the prosecution case, and advises on the strongest path forward — whether negotiation with the CDPP, contest, plea or sentence.

Charges We Handle

Commonwealth & Federal Offences in Victoria

Lauren Tye defends clients facing federal investigations and CDPP prosecutions involving fraud, drug importation, money laundering, corruption, cybercrime and border offences. Select a category below for guidance on the charge, the evidence and the options available.

Commonwealth Fraud, Centrelink & NDIS Offences

Allegations involving Centrelink, NDIS or government benefit fraud, including overpayments, false claims, unreported income, undisclosed relationships and misleading information to Commonwealth agencies.

ATO, Tax & GST Fraud

Tax fraud, GST refund fraud, false BAS lodgements, phoenix activity and matters investigated by the ATO or Serious Financial Crime Taskforce.

Drug Importation, Customs & Border Offences

Importing or exporting border-controlled drugs, precursors, customs offences, smuggling and prohibited imports investigated by Australian Border Force or the AFP.

Money Laundering & Proceeds of Crime

Division 400 money laundering, dealing with proceeds of crime, suspected proceeds, restraint orders, freezing orders and forfeiture proceedings.

Cybercrime, Carriage Service & Online Offences

Unauthorised access, data impairment, online harassment, carriage service offences, child abuse material, grooming and personal financial information offences.

Bribery, Corruption, Migration & Serious Federal Offences

Bribery, corrupting benefits, abuse of public office, false Commonwealth documents, people smuggling, visa fraud and other serious federal charges.

KNOW YOUR PENALTIES

Commonwealth & Federal Offence Penalties

A guide to statutory maximum penalties for the principal Commonwealth offences prosecuted by the CDPP, drawn from the Criminal Code Act 1995 (Cth), Customs Act 1901 (Cth), Migration Act 1958 (Cth) and Taxation Administration Act 1953 (Cth). The penalties listed are maximums only. Federal sentencing is governed by Part IB of the Crimes Act 1914 (Cth) and the outcome in any case depends on the charge, the evidence, the value, plea, prior history and personal circumstances.

Charge	Legislation	Max Penalty	Typical Court
Commonwealth Fraud, Centrelink, NDIS & Tax Offences
Obtaining Property by Deception (Cth)	Criminal Code Act 1995 (Cth), s 134.1	10 years' imprisonment	Magistrates' / County
Obtaining Financial Advantage by Deception (Cth)	Criminal Code Act 1995 (Cth), s 134.2	10 years' imprisonment	Magistrates' / County
General Dishonesty — Causing a Loss to the Commonwealth	Criminal Code Act 1995 (Cth), s 135.1	10 years' imprisonment	Magistrates' / County
Obtaining Financial Advantage from a Commonwealth Entity	Criminal Code Act 1995 (Cth), s 135.2	12 months' imprisonment	Magistrates' Court
Conspiracy to Defraud the Commonwealth	Criminal Code Act 1995 (Cth), s 135.4	10 years' imprisonment	County
False or Misleading Statements in Applications	Criminal Code Act 1995 (Cth), s 136.1	12 months' imprisonment for knowing false statements; 6 months for reckless statements	Magistrates' Court
False or Misleading Information	Criminal Code Act 1995 (Cth), s 137.1	12 months' imprisonment	Magistrates' Court
Aggravated False or Misleading Information	Criminal Code Act 1995 (Cth), s 137.1A	5 years' imprisonment	Magistrates' / County
False or Misleading Documents	Criminal Code Act 1995 (Cth), s 137.2	12 months' imprisonment	Magistrates' Court
Tax Fraud — Defrauding the Commonwealth	Criminal Code Act 1995 (Cth), s 135.4 / Taxation Administration Act 1953 (Cth)	Up to 10 years' imprisonment	Magistrates' / County
GST Fraud — Obtaining Financial Advantage by Deception	Criminal Code Act 1995 (Cth), s 134.2	10 years' imprisonment	Magistrates' / County
Making a False Statement to a Taxation Officer	Taxation Administration Act 1953 (Cth), s 8K	Fine and/or imprisonment, increasing for repeat offences	Magistrates' Court
Commonwealth Drug, Importation & Border Offences
Importing or Exporting Commercial Quantity of Border-Controlled Drug	Criminal Code Act 1995 (Cth), s 307.1	Life imprisonment and/or 7,500 penalty units	Supreme
Importing or Exporting Marketable Quantity of Border-Controlled Drug	Criminal Code Act 1995 (Cth), s 307.2	25 years' imprisonment and/or 5,000 penalty units	County / Supreme
Importing or Exporting Border-Controlled Drug (any quantity)	Criminal Code Act 1995 (Cth), s 307.3	10 years' imprisonment and/or 2,000 penalty units	Magistrates' / County
Trafficking Commercial Quantity of Controlled Drug	Criminal Code Act 1995 (Cth), s 302.2	Life imprisonment and/or 7,500 penalty units	Supreme
Possessing Commercial Quantity of Unlawfully Imported Border-Controlled Drug	Criminal Code Act 1995 (Cth), s 307.5	Life imprisonment and/or 7,500 penalty units	Supreme
Possessing Marketable Quantity of Unlawfully Imported Border-Controlled Drug	Criminal Code Act 1995 (Cth), s 307.6	25 years' imprisonment and/or 5,000 penalty units	County / Supreme
Possessing Unlawfully Imported Border-Controlled Drug	Criminal Code Act 1995 (Cth), s 307.7	2 years' imprisonment and/or 400 penalty units	Magistrates' Court
Importing or Exporting Border-Controlled Precursors	Criminal Code Act 1995 (Cth), ss 307.11–307.13	7 to 25 years' imprisonment, depending on quantity	County / Supreme
Possessing Controlled Drugs	Criminal Code Act 1995 (Cth), s 308.1	2 years' imprisonment and/or 400 penalty units	Magistrates' Court
Importing or Exporting Tier 1 Goods (Customs Prohibited Imports)	Customs Act 1901 (Cth), s 233BAB	10 years' imprisonment and/or 2,500 penalty units	Magistrates' / County
Smuggling — Evading Payment of Duty	Customs Act 1901 (Cth), s 233	Up to 5 times the duty payable, or 1,000 penalty units	Magistrates' Court
False or Misleading Statements to Customs	Customs Act 1901 (Cth), s 234	Up to 100 penalty units	Magistrates' Court
Money Laundering, Bribery & Corruption
Dealing with Proceeds of Crime — $10,000,000 or more (intentional)	Criminal Code Act 1995 (Cth), s 400.2A	Life imprisonment	Supreme
Dealing with Proceeds of Crime — $1,000,000 or more (intentional)	Criminal Code Act 1995 (Cth), s 400.3	25 years' imprisonment	County / Supreme
Dealing with Proceeds of Crime — $100,000 or more (intentional)	Criminal Code Act 1995 (Cth), s 400.4	20 years' imprisonment	County
Dealing with Proceeds of Crime — $50,000 or more (intentional)	Criminal Code Act 1995 (Cth), s 400.5	15 years' imprisonment	County
Dealing with Proceeds of Crime — $10,000 or more (intentional)	Criminal Code Act 1995 (Cth), s 400.6	10 years' imprisonment	Magistrates' / County
Dealing with Proceeds of Crime — under $10,000 (intentional)	Criminal Code Act 1995 (Cth), s 400.8	12 months' imprisonment	Magistrates' Court
Dealing with Property Reasonably Suspected of Being Proceeds of Crime	Criminal Code Act 1995 (Cth), s 400.9	Up to 3 years' imprisonment, depending on value	Magistrates' / County
Bribery of Commonwealth Public Official	Criminal Code Act 1995 (Cth), s 141.1	10 years' imprisonment and/or 10,000 penalty units	County
Corrupting Benefits Given to or Received by Commonwealth Public Officials	Criminal Code Act 1995 (Cth), s 142.1	5 years' imprisonment	Magistrates' / County
Abuse of Public Office	Criminal Code Act 1995 (Cth), s 142.2	5 years' imprisonment	Magistrates' / County
Bribery of a Foreign Public Official	Criminal Code Act 1995 (Cth), s 70.2	10 years' imprisonment and/or 10,000 penalty units (individual)	County
Cybercrime, Computer & Telecommunications Offences
Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence	Criminal Code Act 1995 (Cth), s 477.1	Same maximum as the serious offence	Varies
Unauthorised Modification of Data to Cause Impairment	Criminal Code Act 1995 (Cth), s 477.2	10 years' imprisonment	Magistrates' / County
Unauthorised Impairment of Electronic Communication	Criminal Code Act 1995 (Cth), s 477.3	10 years' imprisonment	Magistrates' / County
Unauthorised Access to or Modification of Restricted Data	Criminal Code Act 1995 (Cth), s 478.1	2 years' imprisonment	Magistrates' Court
Possession or Control of Data with Intent to Commit a Computer Offence	Criminal Code Act 1995 (Cth), s 478.3	3 years' imprisonment	Magistrates' Court
Producing, Supplying or Obtaining Data with Intent to Commit a Computer Offence	Criminal Code Act 1995 (Cth), s 478.4	3 years' imprisonment	Magistrates' Court
Using a Carriage Service to Menace, Harass or Cause Offence	Criminal Code Act 1995 (Cth), s 474.17	5 years' imprisonment	Magistrates' / County
Using a Carriage Service to Make a Threat	Criminal Code Act 1995 (Cth), s 474.15	10 years for threat to kill; 7 years for threat to cause serious harm	Magistrates' / County
Using a Carriage Service to Transmit Sexual Material Without Consent	Criminal Code Act 1995 (Cth), s 474.17A	6 years' imprisonment	Magistrates' / County
Doxxing / Publishing Personal Data Using a Carriage Service	Criminal Code Act 1995 (Cth), ss 474.17C–474.17D	6 years, or 7 years for group-based offending	Magistrates' / County
Using a Carriage Service for Child Abuse Material	Criminal Code Act 1995 (Cth), s 474.22	15 years' imprisonment	County
Possession or Control of Child Abuse Material Obtained Using a Carriage Service	Criminal Code Act 1995 (Cth), s 474.22A	15 years' imprisonment	County
Using a Carriage Service to Procure / Groom a Person Under 16	Criminal Code Act 1995 (Cth), ss 474.26–474.27	Up to 15 years' imprisonment	County
Dishonestly Obtaining or Dealing in Personal Financial Information	Criminal Code Act 1995 (Cth), s 480.4	5 years' imprisonment	Magistrates' / County
False Dealing with Accounting Documents	Criminal Code Act 1995 (Cth), ss 490.1–490.2	10 years for intentional offending; 5 years for reckless offending	Magistrates' / County
People Smuggling, Firearms Trafficking & Other Federal Offences
People Smuggling	Migration Act 1958 (Cth), s 233A	10 years' imprisonment and/or 1,000 penalty units	County / Supreme
Aggravated People Smuggling (5 or more persons)	Migration Act 1958 (Cth), s 233C	20 years' imprisonment and/or 2,000 penalty units; 5 years mandatory minimum	Supreme
Trafficking in Firearms — Cross-Border (Commercial Quantity)	Criminal Code Act 1995 (Cth), s 361.4	Life imprisonment and/or 7,500 penalty units	Supreme
Trafficking in Firearms — Cross-Border	Criminal Code Act 1995 (Cth), s 361.2	20 years' imprisonment and/or 5,000 penalty units	County / Supreme
Forgery of Commonwealth Documents	Criminal Code Act 1995 (Cth), s 144.1	10 years' imprisonment	Magistrates' / County
Using a Forged Commonwealth Document	Criminal Code Act 1995 (Cth), s 145.1	10 years' imprisonment	Magistrates' / County
Impersonation of Commonwealth Public Official	Criminal Code Act 1995 (Cth), s 148.1	Up to 5 years' imprisonment	Magistrates' / County

Commonwealth Fraud, Centrelink, NDIS & Tax Offences

Obtaining Property by Deception (Cth)

Legislation

Criminal Code Act 1995 (Cth), s 134.1

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Obtaining Financial Advantage by Deception (Cth)

Legislation

Criminal Code Act 1995 (Cth), s 134.2

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

General Dishonesty — Causing a Loss to the Commonwealth

Legislation

Criminal Code Act 1995 (Cth), s 135.1

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Obtaining Financial Advantage from a Commonwealth Entity

Legislation

Criminal Code Act 1995 (Cth), s 135.2

Maximum Penalty

12 months' imprisonment

Typical Court

Magistrates' Court

Conspiracy to Defraud the Commonwealth

Legislation

Criminal Code Act 1995 (Cth), s 135.4

Maximum Penalty

10 years' imprisonment

Typical Court

County

False or Misleading Statements in Applications

Legislation

Criminal Code Act 1995 (Cth), s 136.1

Maximum Penalty

12 months' imprisonment for knowing false statements; 6 months for reckless statements

Typical Court

Magistrates' Court

False or Misleading Information

Legislation

Criminal Code Act 1995 (Cth), s 137.1

Maximum Penalty

12 months' imprisonment

Typical Court

Magistrates' Court

Aggravated False or Misleading Information

Legislation

Criminal Code Act 1995 (Cth), s 137.1A

Maximum Penalty

5 years' imprisonment

Typical Court

Magistrates' / County

False or Misleading Documents

Legislation

Criminal Code Act 1995 (Cth), s 137.2

Maximum Penalty

12 months' imprisonment

Typical Court

Magistrates' Court

Tax Fraud — Defrauding the Commonwealth

Legislation

Criminal Code Act 1995 (Cth), s 135.4 / Taxation Administration Act 1953 (Cth)

Maximum Penalty

Up to 10 years' imprisonment

Typical Court

Magistrates' / County

GST Fraud — Obtaining Financial Advantage by Deception

Legislation

Criminal Code Act 1995 (Cth), s 134.2

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Making a False Statement to a Taxation Officer

Legislation

Taxation Administration Act 1953 (Cth), s 8K

Maximum Penalty

Fine and/or imprisonment, increasing for repeat offences

Typical Court

Magistrates' Court

Commonwealth Drug, Importation & Border Offences

Importing or Exporting Commercial Quantity of Border-Controlled Drug

Legislation

Criminal Code Act 1995 (Cth), s 307.1

Maximum Penalty

Life imprisonment and/or 7,500 penalty units

Typical Court

Supreme

Importing or Exporting Marketable Quantity of Border-Controlled Drug

Legislation

Criminal Code Act 1995 (Cth), s 307.2

Maximum Penalty

25 years' imprisonment and/or 5,000 penalty units

Typical Court

County / Supreme

Importing or Exporting Border-Controlled Drug (any quantity)

Legislation

Criminal Code Act 1995 (Cth), s 307.3

Maximum Penalty

10 years' imprisonment and/or 2,000 penalty units

Typical Court

Magistrates' / County

Trafficking Commercial Quantity of Controlled Drug

Legislation

Criminal Code Act 1995 (Cth), s 302.2

Maximum Penalty

Life imprisonment and/or 7,500 penalty units

Typical Court

Supreme

Possessing Commercial Quantity of Unlawfully Imported Border-Controlled Drug

Legislation

Criminal Code Act 1995 (Cth), s 307.5

Maximum Penalty

Life imprisonment and/or 7,500 penalty units

Typical Court

Supreme

Possessing Marketable Quantity of Unlawfully Imported Border-Controlled Drug

Legislation

Criminal Code Act 1995 (Cth), s 307.6

Maximum Penalty

25 years' imprisonment and/or 5,000 penalty units

Typical Court

County / Supreme

Possessing Unlawfully Imported Border-Controlled Drug

Legislation

Criminal Code Act 1995 (Cth), s 307.7

Maximum Penalty

2 years' imprisonment and/or 400 penalty units

Typical Court

Magistrates' Court

Importing or Exporting Border-Controlled Precursors

Legislation

Criminal Code Act 1995 (Cth), ss 307.11–307.13

Maximum Penalty

7 to 25 years' imprisonment, depending on quantity

Typical Court

County / Supreme

Possessing Controlled Drugs

Legislation

Criminal Code Act 1995 (Cth), s 308.1

Maximum Penalty

2 years' imprisonment and/or 400 penalty units

Typical Court

Magistrates' Court

Importing or Exporting Tier 1 Goods (Customs Prohibited Imports)

Legislation

Customs Act 1901 (Cth), s 233BAB

Maximum Penalty

10 years' imprisonment and/or 2,500 penalty units

Typical Court

Magistrates' / County

Smuggling — Evading Payment of Duty

Legislation

Customs Act 1901 (Cth), s 233

Maximum Penalty

Up to 5 times the duty payable, or 1,000 penalty units

Typical Court

Magistrates' Court

False or Misleading Statements to Customs

Legislation

Customs Act 1901 (Cth), s 234

Maximum Penalty

Up to 100 penalty units

Typical Court

Magistrates' Court

Money Laundering, Bribery & Corruption

Dealing with Proceeds of Crime — $10,000,000 or more (intentional)

Legislation

Criminal Code Act 1995 (Cth), s 400.2A

Maximum Penalty

Life imprisonment

Typical Court

Supreme

Dealing with Proceeds of Crime — $1,000,000 or more (intentional)

Legislation

Criminal Code Act 1995 (Cth), s 400.3

Maximum Penalty

25 years' imprisonment

Typical Court

County / Supreme

Dealing with Proceeds of Crime — $100,000 or more (intentional)

Legislation

Criminal Code Act 1995 (Cth), s 400.4

Maximum Penalty

20 years' imprisonment

Typical Court

County

Dealing with Proceeds of Crime — $50,000 or more (intentional)

Legislation

Criminal Code Act 1995 (Cth), s 400.5

Maximum Penalty

15 years' imprisonment

Typical Court

County

Dealing with Proceeds of Crime — $10,000 or more (intentional)

Legislation

Criminal Code Act 1995 (Cth), s 400.6

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Dealing with Proceeds of Crime — under $10,000 (intentional)

Legislation

Criminal Code Act 1995 (Cth), s 400.8

Maximum Penalty

12 months' imprisonment

Typical Court

Magistrates' Court

Dealing with Property Reasonably Suspected of Being Proceeds of Crime

Legislation

Criminal Code Act 1995 (Cth), s 400.9

Maximum Penalty

Up to 3 years' imprisonment, depending on value

Typical Court

Magistrates' / County

Bribery of Commonwealth Public Official

Legislation

Criminal Code Act 1995 (Cth), s 141.1

Maximum Penalty

10 years' imprisonment and/or 10,000 penalty units

Typical Court

County

Corrupting Benefits Given to or Received by Commonwealth Public Officials

Legislation

Criminal Code Act 1995 (Cth), s 142.1

Maximum Penalty

5 years' imprisonment

Typical Court

Magistrates' / County

Abuse of Public Office

Legislation

Criminal Code Act 1995 (Cth), s 142.2

Maximum Penalty

5 years' imprisonment

Typical Court

Magistrates' / County

Bribery of a Foreign Public Official

Legislation

Criminal Code Act 1995 (Cth), s 70.2

Maximum Penalty

10 years' imprisonment and/or 10,000 penalty units (individual)

Typical Court

County

Cybercrime, Computer & Telecommunications Offences

Unauthorised Access, Modification or Impairment with Intent to Commit Serious Offence

Legislation

Criminal Code Act 1995 (Cth), s 477.1

Maximum Penalty

Same maximum as the serious offence

Typical Court

Varies

Unauthorised Modification of Data to Cause Impairment

Legislation

Criminal Code Act 1995 (Cth), s 477.2

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Unauthorised Impairment of Electronic Communication

Legislation

Criminal Code Act 1995 (Cth), s 477.3

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Unauthorised Access to or Modification of Restricted Data

Legislation

Criminal Code Act 1995 (Cth), s 478.1

Maximum Penalty

2 years' imprisonment

Typical Court

Magistrates' Court

Possession or Control of Data with Intent to Commit a Computer Offence

Legislation

Criminal Code Act 1995 (Cth), s 478.3

Maximum Penalty

3 years' imprisonment

Typical Court

Magistrates' Court

Producing, Supplying or Obtaining Data with Intent to Commit a Computer Offence

Legislation

Criminal Code Act 1995 (Cth), s 478.4

Maximum Penalty

3 years' imprisonment

Typical Court

Magistrates' Court

Using a Carriage Service to Menace, Harass or Cause Offence

Legislation

Criminal Code Act 1995 (Cth), s 474.17

Maximum Penalty

5 years' imprisonment

Typical Court

Magistrates' / County

Using a Carriage Service to Make a Threat

Legislation

Criminal Code Act 1995 (Cth), s 474.15

Maximum Penalty

10 years for threat to kill; 7 years for threat to cause serious harm

Typical Court

Magistrates' / County

Using a Carriage Service to Transmit Sexual Material Without Consent

Legislation

Criminal Code Act 1995 (Cth), s 474.17A

Maximum Penalty

6 years' imprisonment

Typical Court

Magistrates' / County

Doxxing / Publishing Personal Data Using a Carriage Service

Legislation

Criminal Code Act 1995 (Cth), ss 474.17C–474.17D

Maximum Penalty

6 years, or 7 years for group-based offending

Typical Court

Magistrates' / County

Using a Carriage Service for Child Abuse Material

Legislation

Criminal Code Act 1995 (Cth), s 474.22

Maximum Penalty

15 years' imprisonment

Typical Court

County

Possession or Control of Child Abuse Material Obtained Using a Carriage Service

Legislation

Criminal Code Act 1995 (Cth), s 474.22A

Maximum Penalty

15 years' imprisonment

Typical Court

County

Using a Carriage Service to Procure / Groom a Person Under 16

Legislation

Criminal Code Act 1995 (Cth), ss 474.26–474.27

Maximum Penalty

Up to 15 years' imprisonment

Typical Court

County

Dishonestly Obtaining or Dealing in Personal Financial Information

Legislation

Criminal Code Act 1995 (Cth), s 480.4

Maximum Penalty

5 years' imprisonment

Typical Court

Magistrates' / County

False Dealing with Accounting Documents

Legislation

Criminal Code Act 1995 (Cth), ss 490.1–490.2

Maximum Penalty

10 years for intentional offending; 5 years for reckless offending

Typical Court

Magistrates' / County

People Smuggling, Firearms Trafficking & Other Federal Offences

People Smuggling

Legislation

Migration Act 1958 (Cth), s 233A

Maximum Penalty

10 years' imprisonment and/or 1,000 penalty units

Typical Court

County / Supreme

Aggravated People Smuggling (5 or more persons)

Legislation

Migration Act 1958 (Cth), s 233C

Maximum Penalty

20 years' imprisonment and/or 2,000 penalty units; 5 years mandatory minimum

Typical Court

Supreme

Trafficking in Firearms — Cross-Border (Commercial Quantity)

Legislation

Criminal Code Act 1995 (Cth), s 361.4

Maximum Penalty

Life imprisonment and/or 7,500 penalty units

Typical Court

Supreme

Trafficking in Firearms — Cross-Border

Legislation

Criminal Code Act 1995 (Cth), s 361.2

Maximum Penalty

20 years' imprisonment and/or 5,000 penalty units

Typical Court

County / Supreme

Forgery of Commonwealth Documents

Legislation

Criminal Code Act 1995 (Cth), s 144.1

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Using a Forged Commonwealth Document

Legislation

Criminal Code Act 1995 (Cth), s 145.1

Maximum Penalty

10 years' imprisonment

Typical Court

Magistrates' / County

Impersonation of Commonwealth Public Official

Legislation

Criminal Code Act 1995 (Cth), s 148.1

Maximum Penalty

Up to 5 years' imprisonment

Typical Court

Magistrates' / County

"Typical Court" is a practical label, not statutory wording. Many federal indictable offences can be heard summarily in the Magistrates' Court where the prosecution and the court agree. Money laundering and proceeds of crime penalties vary by the value involved and the fault element (intentional, reckless or negligent). Several offences (e.g. aggravated people smuggling) carry mandatory minimum sentences.

Maximum penalties are drawn from the Criminal Code Act 1995 (Cth), Customs Act 1901 (Cth), Migration Act 1958 (Cth) and Taxation Administration Act 1953 (Cth). Penalties shown are maximums only. The Commonwealth penalty unit is currently $330, valued separately from Victorian penalty units. Penalty unit values and offence provisions change — verify against the Federal Register of Legislation. This is general information only — contact Lauren for advice on your specific charge.

RESULTS THAT MATTER

Real Outcomes and Client Reviews

Case Studies

Proven Results in Victorian Courts

How Lauren Tye has defended real clients facing traffic charges in Victorian courts.

Centrelink Fraud — Magistrates' Court

Non-Custodial Outcome After Detailed Plea Preparation

Result: Community Correction Order with no immediate term of imprisonment.

Our client was charged with obtaining a financial advantage by deception under s 134.2 of the Criminal Code Act 1995 (Cth) involving a substantial Centrelink overpayment. The CDPP initially indicated that imprisonment was being sought.

Lauren Tye prepared comprehensive plea material, including evidence of repayment, medical and personal background, and detailed sentencing submissions. The Court accepted the submissions and imposed a non-custodial outcome.

Commonwealth Drug Importation — County Court

Significant Sentence Reduction on Plea

Result: Sentence well below the prosecution's range, with a non-parole period.

Our client faced a marketable-quantity importation charge under s 307.2 of the Criminal Code Act 1995 (Cth). Lauren Tye worked closely with senior counsel, prepared detailed sentencing material on role, rehabilitation and personal circumstances, and made comprehensive submissions on Part IB principles.

The Court imposed a sentence significantly below the standard sentencing in Victoria for similar offences.

Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.

Urgent Guidance

What to Do If You Are Being Investigated by the AFP, ATO or CDPP

Commonwealth investigations can begin with an interview request, search warrant, notice to produce documents, or an approach from the AFP, Services Australia, the ATO, the NDIA, AUSTRAC or Australian Border Force. Early decisions can affect the whole case. Get legal advice before responding.

Do Not Attend an Interview Without Legal Advice

You may have a right to silence. Informal explanations, interview answers and written responses can be used as evidence.

Take Warrants and Notices Seriously

Do not obstruct officers, but do not volunteer information. Record the agency, officers involved and items seized, then contact a lawyer.

Preserve All Records

Keep bank records, BAS lodgements, Centrelink or NDIS correspondence, emails, messages and device data. Do not delete, alter or recreate material.

Be Alert to Restraint and Freezing Orders

Commonwealth investigations may involve proceeds of crime action affecting bank accounts, property or other assets.

Do Not Discuss the Matter

Avoid discussing the investigation with witnesses, colleagues, online or by message. Communications may later become evidence.

Get Advice Early

Lauren Tye will review the allegations, assess the evidence and provide you detailed advice. Lauren Tye is available 24/7 on 0451 877 714.

Early legal advice can help protect your rights, preserve evidence, address asset issues and shape the best possible defence or outcome.

DEDICATED DEFENCE

Why Experience Matters in Commonwealth Prosecutions

Criminal charges require criminal court experience

Commonwealth prosecutions are different from State matters. They involve federal offence provisions, specific fault elements and defences under the Criminal Code Act 1995 (Cth), and sentencing under Part IB of the Crimes Act 1914 (Cth).

Lauren Tye personally prepares each federal matter. She reviews the CDPP brief, identifies weaknesses in the prosecution case, negotiates charges and agreed facts where appropriate, and advises on the strongest path forward — whether negotiation, plea, contest or sentence.

Speak With Lauren About Your Charge

Available 24/7 including nights, weekends, and public holidays.

All enquiries are strictly confidential.

Lauren Tye personally handles your matter

Direct access to your lawyer, not a call centre or junior associate.

24/7 availability for urgent matters

Call Lauren directly on nights, weekends, and public holidays.

Experienced across all Victorian courts

Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.

Confidential and obligation-free

Your initial consultation is free. All enquiries are strictly confidential.

KEY INFORMATION

Key Facts About Commonwealth & Federal Offences

What law applies?

Many Commonwealth offences are charged under the Criminal Code Act 1995 (Cth). Other relevant laws include the Customs Act 1901 (Cth), Migration Act 1958 (Cth), Taxation Administration Act 1953 (Cth) and Proceeds of Crime Act 2002 (Cth). Sentencing is governed by Part IB of the Crimes Act 1914 (Cth).

Who prosecutes Commonwealth matters?

Commonwealth charges are prosecuted by the CDPP. Investigations may involve the AFP, Services Australia, the ATO, the NDIA, AUSTRAC, Australian Border Force or other federal agencies.

Which court will hear my matter?

In Victoria, most Commonwealth criminal matters are heard in State courts exercising federal jurisdiction. Summary matters are usually heard in the Magistrates’ Court. Serious indictable matters may proceed to the County Court or Supreme Court.

When should I contact a lawyer?

Get advice before any agency interview, before responding to a notice to produce, after a search warrant, or as soon as you are told the CDPP is prosecuting the matter. Early advice can affect the direction of the case.

Frequently Asked Questions About Commonwealth & Federal Offences

What is the difference between a State offence and a Commonwealth offence?

A State offence is charged under Victorian law. A Commonwealth offence is charged under federal law and prosecuted by the CDPP. In Victoria, Commonwealth matters are usually heard in State courts exercising federal jurisdiction.

Who is the CDPP?

The CDPP is the Commonwealth Director of Public Prosecutions. It prosecutes federal offences, including fraud, drug importation, money laundering, cybercrime and other Commonwealth charges.

Can I be interviewed before I am charged?

Yes. Federal agencies may request an interview before charges are laid. Get legal advice first, as anything you say may later be used as evidence.

Should I speak to a federal agency without legal advice?

No. Get advice before speaking to the AFP, ATO, Services Australia, NDIA, AUSTRAC or Australian Border Force. You may have a right to silence, but compulsory notices must be handled carefully.

What is Part IB sentencing?

Part IB of the Crimes Act 1914 (Cth) governs sentencing for Commonwealth offences, including imprisonment, non-parole periods, recognizance release orders and conditional release.

Can I get bail in a Commonwealth matter?

Yes. Bail can be granted in Commonwealth matters. The result depends on the charge, alleged risks, evidence, history and any Commonwealth bail provisions.

Can my property or bank accounts be frozen?

Yes. Commonwealth matters can involve restraint, freezing or forfeiture proceedings affecting bank accounts, property, vehicles, cash or other assets.

Can a Commonwealth charge be resolved without a conviction?

Yes, in some cases. A court may dismiss the charge or discharge a person without conviction under s 19B of the Crimes Act 1914 (Cth).

Are there time limits for Commonwealth summary offences?

Sometimes. Time limits depend on the offence, the maximum penalty and the legislation creating the charge. Some Commonwealth offences can be prosecuted at any time.

Will a Commonwealth conviction appear on my criminal record?

Usually, yes. A Commonwealth conviction may appear on your criminal record, although spent conviction laws may later limit disclosure in some cases.

Can I appeal a Commonwealth sentence?

Yes. A Commonwealth sentence can be appealed, subject to appeal rules and time limits. The CDPP may also appeal a sentence.

How much does a Commonwealth criminal lawyer cost?

The cost depends on the charge, evidence, court dates, preparation required and whether the matter resolves by negotiation, plea, sentence or contest.

This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.

Which Court Will Hear Your Commonwealth Matter in Victoria?

Most Commonwealth criminal matters in Victoria are heard in the Magistrates’ Court and County Court of Victoria with exception to matters such as Treason, Terrorism and national security Offences which are heard in the Supreme Court, exercising federal jurisdiction. Summary matters, and some indictable matters dealt with summarily, are usually heard in the Magistrates’ Court.

Lauren Tye advises on jurisdiction, summary procedure, court strategy and any related proceedings from the outset.

Lauren Tye appears in Magistrates’ Courts, the County Court, the Supreme Court of Victoria and the Federal Court of Australia for Commonwealth and federal matters across metropolitan Melbourne and regional Victoria.

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