Going to Court? Book Your Free First Appointment

Issuing an Instrument for an Improper Purpose

Issuing an instrument for an improper purpose is an offence under section 337 of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were a public officer
  2. You were authorised or required to issue an instrument whereby any person could be prejudicially affected
  3. You issued such an instrument knowing it to be false in a material particular, and
  4. You did so for an improper purpose.

A ‘public officer’ is any person working for a government department, statutory authority, local council or parliamentary body.

This includes an employee of:

  1. The Roads and Maritime Service
  2. The Australian Taxation Office
  3. The Australian Securities and Investments Commission, or
  4. The Department of Home Affairs.

A materially false or misleading particular may include a false name, date or other detail which could influence the grant of the instrument.

An ‘improper purpose’ may include issuing a licence, visa, tax status or company registration to a person who was not entitled to it.

Duress is a defence to the charge.

What Our Clients Say SEE ALL

  • ★★★★★

    Honest and respectable Lawyer

    Big thank you to Jason in helping me through my recent case. A great professional,…

  • ★★★★★

    Very professional and got the best result!

    Very professional and got the best result! Would definitely recommend if you want the best…

  • ★★★★★

    Professionalism, expertise and timeless

    The professionalism, expertise and timeless effort shown by Karina was second to none. Exceptional service…

  • ★★★★★

    Professional and can do attitude

    Couldn’t be happier with the outcome I received from Jason and the team at Sydney…

Going to Court? Call For Your Free First Appointment