What the law says
Sections 22 of the Summary Offences Act Queensland states:
- A person must not impose or attempt to impose on another person to obtain money or an advantage.
- A person imposes or attempts to impose on another person if the person-
- (a) makes an oral or written representation that is false or fraudulent with intent to obtain money or an advantage from the other person; or
- (b) by dress, apparel or otherwise, fraudulently seeks to obtain money or an advantage from the other person.
In this section-
Advantage includes benefit.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused through oral or written representations that is false, attempted to obtain money or advantage form the other person.
- The accused through dress, apparel or otherwise seeks to obtain money or an advantage from the other person fraudulently.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Imposition is 20 penalty units or 1 years imprisonment.
Which court will hear the matter
This matter is a simple offence which means it is dealt with in the Magistrates Court.
Possible defences to this offence include but are not limited to
- Identification i.e. not the accused.
- The accused did not make false or fraudulent representation.
- The accused did not seek to obtain money or advantage by oral or written representation or their dress, apparel or otherwise.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Imposition matters)