Fraud charges in QLD are laid under section 408C of the Criminal Code, which carries a maximum of 5 years imprisonment. That maximum rises to 14 years, or 20 years, depending on the value involved and the relationship between the accused and the alleged victim. This guide explains what section 408C covers, how the penalty tiers work, the related dishonesty offences often charged alongside fraud, which court will hear the matter and how sentencing and restitution work.
The law in this article is stated as at October 2026. It is general information, not legal advice about your situation.
What is fraud under the Queensland Criminal Code?
Section 408C of the Criminal Code Act 1899 (Qld) defines fraud broadly. A person commits fraud if they dishonestly do any of the following:
- apply to their own use, or someone else’s use, property belonging to another, or property they hold subject to a trust, direction or condition
- obtain property from any person
- induce any person to deliver property to any person
- gain a benefit or advantage, financial or otherwise, for any person
- cause a detriment, financial or otherwise, to any person
- induce a person to do something they are lawfully entitled not to do
- induce a person not to do something they are lawfully entitled to do
- make off without paying, knowing payment on the spot is required, with intent to avoid payment.
“Property” has a wide meaning for this offence. It includes credit, services, any benefit or advantage, anything showing a right to incur a debt or receive a benefit, and releases of obligations.
Dishonesty is the central issue in most fraud cases. The Code does not define the word itself, but it sets out situations where conduct can still be dishonest. An act can be dishonest even if the person was willing to pay for the property, intended to repay or restore it later, had the owner’s consent to some act, or benefited from another person’s mistake. Conduct is not dishonest where a person does not know who owns the property and reasonably believes the owner cannot be found by taking reasonable steps, unless they held the property as a trustee or personal representative.
Because the offence covers so many kinds of conduct, the wording of the charge matters. Our fraud lawyers in Brisbane start by identifying exactly which form of section 408C the prosecution relies on and what evidence it has of dishonesty.
Penalties for fraud charges in QLD
Section 408C sets three penalty tiers. The tier depends on the circumstances of aggravation charged.
| Circumstance | Maximum penalty |
|---|---|
| Fraud with no circumstance of aggravation | 5 years |
| The offender is a director or officer of a corporation and the victim is that corporation | 14 years |
| The offender is an employee of the victim, or is or was the victim’s employer | 14 years |
| The property came to the offender subject to a trust, direction or condition, or on account of another person | 14 years |
| The property, the yield to the offender or the detriment caused is worth at least $30,000 but less than $100,000 | 14 years |
| The property, the yield to the offender or the detriment caused is worth $100,000 or more | 20 years |
| The offender carries on the business of committing fraud | 20 years |
A further circumstance of aggravation can apply where the offence is connected to a criminal organisation, under section 161Q of the Penalties and Sentences Act 1992. A charge with that aggravation cannot be presented on indictment without the consent of a Crown Law Officer.
These figures are maximums. The sentence actually imposed depends on the facts of the case and the sentencing factors discussed below, not on the maximum alone.
Offences commonly charged alongside fraud
Dishonesty matters often involve more than one charge, or a charge other than fraud. The table below sets out related offences under the Criminal Code.
| Offence | Section | Maximum penalty |
|---|---|---|
| Obtaining or dealing with another person’s identification information to commit an indictable offence | s 408D | 5 years |
| Misuse of a restricted computer | s 408E | 3 years, rising to 5 years where a benefit or detriment is caused or intended, and 10 years where the value exceeds $5,000 or the person intends to commit an indictable offence |
| Stealing | ss 391 and 398 | 5 years generally, and 10 years in special cases such as stealing by an employee from their employer or property worth more than $5,000 |
| Forgery and uttering | s 488 | 3 years generally, 7 years for documents such as contracts and powers of attorney, and 14 years for documents such as valuable securities and land title documents |
| Receiving tainted property | s 433 | 7 years, or 14 years if the property was obtained by a crime |
Stealing and fraud overlap, but they are not the same. Stealing offences involve fraudulently taking or converting something capable of being stolen, while fraud also covers credit, services, benefits, detriments and inducing someone to act. Online conduct is often charged as computer offences under section 408E, and dealing with proceeds can lead to receiving tainted property or money laundering charges.
State and Commonwealth fraud
Fraud under section 408C is a Queensland offence. Fraud against the Commonwealth is different. It is charged under the Criminal Code Act 1995 (Cth) and prosecuted by the Commonwealth Director of Public Prosecutions. The offences the CDPP lists for general fraud include obtaining a financial advantage by deception (section 134.2(1)) and general dishonesty (section 135.1), each with a maximum of 10 years imprisonment.
Which law applies affects the offence charged, the maximum penalty and who prosecutes the matter. Matters involving companies and regulators can also fall within corporate crime.
Which court will hear a fraud charge?
Under section 552BA of the Criminal Code, a fraud charge must generally be heard and decided summarily in the Magistrates Court. The main exception turns on value. Under section 552BB, a fraud charge is excluded from that rule where the value of the property, the yield to the offender or the detriment caused is $30,000 or more and the person does not plead guilty. Those matters proceed on indictment in a higher court.
The Magistrates Court must refuse to deal with a charge summarily if it considers the person may not be adequately punished in that court (section 552D). When it does deal with an indictable offence summarily, the maximum it can generally impose is 3 years imprisonment (section 552H).
Because the alleged value can decide both the penalty tier and the court, how the prosecution calculates that value is often worth close examination. Our Magistrates Court lawyers can explain where your matter is likely to be heard.
What happens after you are charged with fraud?
Fraud matters often begin with an investigation before any charge is laid, particularly where financial records need to be gathered. Once a charge is laid, most matters follow a similar path.
- Investigation and interview. Police may ask you to take part in an interview. Get legal advice before you agree to one.
- Charge. Proceedings start by arrest, a notice to appear or a summons, which states the charge and the first court date.
- Bail. If you are arrested, police or a court decide whether you are released and on what conditions. A bail application in the Magistrates Court may be needed if police refuse bail.
- Disclosure. The prosecution provides its evidence. In fraud matters this commonly includes financial and business records, which can take time to obtain and review.
- Negotiation. Your lawyer may negotiate with the prosecution about the charges, the alleged value and the facts that will be relied on.
- Plea. You plead guilty or not guilty. The plea can affect which court hears a fraud valued at $30,000 or more.
- Sentence. If you plead guilty or are found guilty, the court decides the penalty, whether to order restitution or compensation, and whether to record a conviction.
Sentencing, restitution and recorded convictions
When sentencing for fraud, the court applies the sentencing guidelines in section 9 of the Penalties and Sentences Act 1992 (Qld). Relevant factors include the maximum penalty, any loss caused by the offender, the offender’s character, age and history, how prevalent the offence is, and any cooperation with law enforcement. The Act also states that imprisonment should be a last resort. The value of the fraud therefore matters in two ways. It sets the penalty tier, and the loss caused is a factor in the sentence itself.
Under section 35, the court may order the offender to make restitution of the property involved or pay compensation for loss, in addition to any other sentence. Failing to comply with such an order can lead to imprisonment. Repaying money does not by itself make the original conduct honest, as section 408C makes clear.
The court also decides whether to record a conviction. Under section 12, it must consider all the circumstances, including the nature of the offence, the offender’s character and age, and the impact a recorded conviction would have on their economic or social wellbeing and chances of finding work. For people in finance, management or other positions of trust, that decision can matter as much as the penalty.
Frequently asked questions
Can I be charged with fraud if I intended to pay the money back?
Yes. Section 408C states that an act can be dishonest even if the person intends to restore the property or make restitution afterwards. An intention to repay does not, on its own, stop the conduct being dishonest.
What is the difference between fraud and stealing in Queensland?
Stealing involves fraudulently taking or converting something capable of being stolen. Fraud under section 408C is wider. It also covers obtaining credit or services, gaining a benefit, causing a detriment and dishonestly inducing someone to act or not act.
Is leaving without paying for a service a fraud offence?
It can be. Section 408C includes dishonestly making off, knowing payment on the spot is required or expected for property or a service, without paying and with intent to avoid payment.
Speak with a fraud lawyer
Fraud allegations often involve large volumes of financial evidence, and the alleged value can change the maximum penalty and the court. Early advice gives you the most options. Rana Lawyers acts for people facing fraud charges in Brisbane and on the Gold Coast. Contact Rana Lawyers to arrange a consultation.
