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12. Offences against the state
 
  Article 78-Offences against government benefits  
78.1 Offenced against Government benefit  
  An offence against a government benefit is any unlawful/fraudulent payment made by any level of government, or government agency to an member of the armed forces as proscribed by law and/or statute including (but not restricted to): unemployment, disability, compensation, family, invalid care, business, child care, health, education, industry, sport, arts, military, law enforcement, victim of offence, transport, technology or environment.  
 
 Primary Fact(s)
 1. That under law and/or regulation the government and/or nominated agencies provide a certain type of benefit based on truthful dislosure;
 2. That at a time and place a false disclosure statement was submitted resulting in the payment of a benefit that would otherwise not have been paid;
 3. That the actions of the accused contributed to the false disclosure statement and resulting false payment of benefit;
 4. That the actions of the accused were done with the knowledge and intent of making a false disclosure statement;
 
 
 Penalty Conditions (Level 2-Offence)
Type
 Condition(s)
1-3
 a) if total value of government benefit fraud is less than 1/4 annual average wages;
4-6
 a) if total value of government benefit fraud is more than 1/4 and less than 1/2 annual average wages;
 
 
 Penalty Conditions (Level 3-Offence)
Type
 Condition(s)
1-3
 a) if total value of government benefit fraud is more than 1/2 and less than 1 times annual average wages;
4-6
 a) if total value of government benefit fraud is more than 1 times and less than 3 times annual average wages;
 
 
 Penalty Conditions (Level 4-Offence)
Type
 Condition(s)
1-3
 a) if total value of government benefit fraud is more than 3 times and less than 6 times annual average wages;
4-6
 a) if total value of government benefit fraud is more than 6 times and less than 9 times annual average wages;
 
 
 Penalty Conditions (Level 5-Offence)
Type
 Condition(s)
1-3
 a) if total value of government benefit fraud is more than 9 times and less than 18 times annual average wages;
4-6
 a) if total value of government benefit fraud is more than 18 times annual average wages;
 
     
 
 

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