Section 145.2 Criminal Code Act | Possession of Forged Document


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The Legislation

Section 145.2 of the Criminal Code Act 1995 (Cth) is Possession of Forged Document and is extracted below.

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145.2  Possession of forged document

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

(a)  the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i)  to dishonestly induce a third person in the third person’s capacity as a public official to accept it as genuine; and

(ii)  if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the capacity is a capacity as a Commonwealth public official.

Penalty:  Imprisonment for 10 years.

(2)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

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

(a)  the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i)  to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii)  if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the response is in connection with the operations of a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

(4)  In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

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

(a)  the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i)  to dishonestly induce a third person to accept it as genuine; and

(ii)  if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the false document is a false Commonwealth document.

Penalty:  Imprisonment for 10 years.

(6)  In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

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

(a)  the person knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:

(i)  to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii)  if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the false document is a false Commonwealth document.

Penalty:  Imprisonment for 10 years.

(8)  In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.