Section 137.2 Criminal Code Act | False or Misleading Documents


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The Legislation

Section 137.2 of the Criminal Code Act 1995 (Cth) is False or Misleading Documents and is extracted below.

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137.2  False or misleading documents

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

(a)  the person produces a document to another person; and

(b)  the person does so knowing that the document is false or misleading; and

(c)  the document is produced in compliance or purported compliance with a law of the Commonwealth.

Penalty:  Imprisonment for 12 months.

(2)  Subsection (1) does not apply if the document is not false or misleading in a material particular.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).

(3)  Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:

(a)  stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and

(b)  setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

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