Roberts v Molan

Roberts (the applicant) sought special leave to appeal from a decision of the Full Court of the Federal Court of Australia. The dispute concerned the interpretation of section 137.1 of the *Criminal Code Act 1995* (Cth), which creates an offence for providing false or misleading information to the Commonwealth. The applicant had been convicted of this offence in the District Court of New South Wales, and his appeal to the Federal Court was dismissed.

The primary legal issue before the High Court was whether the applicant's conduct in providing a false statutory declaration to a Commonwealth agency constituted an offence under section 137.1 of the *Criminal Code Act 1995* (Cth). This involved determining the scope of the phrase "in connection with a matter within the scope of the powers of the Commonwealth" as it applies to the provision of false or misleading information. The court also considered whether the applicant's intention was relevant to the commission of the offence.

Gleeson CJ and Kirby J, in their joint reasons, held that the applicant's conduct did fall within the ambit of section 137.1. They reasoned that the statutory declaration was provided in connection with a matter that was within the scope of the powers of the Commonwealth, specifically the administration of Commonwealth legislation. The court clarified that the offence does not require proof of a specific intent to mislead the Commonwealth, but rather that the information provided was false or misleading in a material particular and was given in connection with a Commonwealth matter. The appeal was dismissed.