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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.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Dishonestly Altered Travel or Identity Documents matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

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.

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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

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