Section 73.9 Criminal Code Act | Dishonestly Altered Travel or Identity Documents


Section 73.9 of the Criminal Code Act 1995 (Cth) is Dishonestly Altered Travel or Identity Documents and is extracted below.

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The Legislation

73.9  Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats

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

(a)  the first person provides or possesses a travel or identity document; and

(b)  the first person knows that:

(i)  the issue of the travel or identity document; or

(ii)  an alteration of the travel or identity document; has been obtained dishonestly or by threats; and

(c)  the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and

(d)  the first person provided or possessed the document:

(i)  having obtained (whether directly or indirectly) a benefit to do so; or

(ii)  with the intention of obtaining (whether directly or indirectly) a benefit.

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

(2)  For the purposes of subsection (1), a threat may be:

(a)  express or implied; or

(b)  conditional or unconditional.

(3)  For the purposes of subsection (1), dishonest means:

(a)  dishonest according to the standards of ordinary people; and

(b)  known by the defendant to be dishonest according to the standards of ordinary people.

(4)  In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.