Gaol for $2.4m BAS fraudster

On 2 April 2025, Kristopher Andree-Jansz was convicted and sentenced in the County Court of Victoria to four years and seven months’ imprisonment, with a non-parole period of two years and nine months, following a plea of guilty to two charges of obtaining financial advantage by deception and attempting to do the same, contrary to sections 134.2(1) and 11.1(1) of the Criminal Code (Cth). 

The Offending

Mr Andree-Jansz was 39 years of age, unemployed and in receipt of Jobseeker payments during the period of offending.

On 28 February 2021, he registered an ABN as a sole trader in the business of electricity/gas/water/waste and registered for GST on the same day.

Between March 2021 to January 2022, Mr Andree-Jansz lodged 28 original and amended Business Activity Statements (BAS) while not operating a legitimate business and obtained $2,402,258.56 in GST refunds. He lodged a further three BAS, attempting to obtain a further $323,694 in GST refunds which were not paid by the Australian Taxation Office. 

Mr Andree-Jansz spent the money on lifestyle items including luxury accommodation and a Harley Davidson motorcycle. 

Following an ATO investigation and referral of a brief of evidence to the Office of the Director of Public Prosecutions (Cth) (CDPP), Mr Andree-Jansz was charged with 28 counts of obtaining a financial advantage by deception, contrary to section 134.2(1) of the Criminal Code and three charges of attempting to obtain a financial advantage by deception, contrary to sections 11.1 and 134.2(1) of the Criminal Code. 

Mr Andree-Jansz entered early pleas of guilty at committal to the above two rolled up offences. The maximum penalty for each offence is imprisonment for 10 years.

Sentence

The sentence hearing was heard before Judge Moglia in the County Court of Victoria on 2 April 2025, with judgment handed down on the same day.

His Honour sentenced the offender to four years and seven months’ imprisonment, with a non-parole period of two years and nine months. 

The gravity of the offending and the offender’s moral culpability were considered by the Court to be at a moderate to high level. Factors in mitigation included an early plea of guilty and Mr Andree-Jansz’s rehabilitation efforts where he completion of a 90-day rehabilitation program, a Certificate IV in Alcohol and Drugs and became an active volunteer at Arrow Health, a drug and alcohol rehabilitation provider. 

Relevant links

ATO media release Victorian man slips up over $2.4 million fraud