Section 145.3 Criminal Code Act | Devices for Making Forgeries


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The Legislation

Section 145.3 of the Criminal Code Act 1995 (Cth) is Devices for Making Forgeries and is extracted below.

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145.3 Possession, making or adaptation of devices etc. for making forgeries

 (1) A person is guilty of an offence if:

 (a) the person knows that a device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and

 (b) the person has the device, material or thing in his or her possession with the intention that the person or another person will use it to commit an offence against section 144.1.

 Penalty: Imprisonment for 10 years.

 (2) A person is guilty of an offence if:

 (a) the person makes or adapts a device, material or other thing; and

 (b) the person knows that the device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and

 (c) the person makes or adapts the device, material or thing with the intention that the person or another person will use it to commit an offence against section 144.1.

 Penalty: Imprisonment for 10 years.

 (3) A person is guilty of an offence if:

 (a) the person knows that a device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose); and

 (b) the person has the device, material or thing in his or her possession; and

 (c) the person does not have a reasonable excuse for having the device, material or thing in his or her possession.

 Penalty: Imprisonment for 2 years.

Note: A defendant bears an evidential burden in relation to the matter in paragraph (3)(c). See subsection 13.3(3).

 (4) A person is guilty of an offence if:

 (a) the person makes or adapts a device, material or other thing; and

 (b) the person knows that the device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose).

 Penalty: Imprisonment for 2 years.

Note: See also section 10.5 (lawful authority).