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:
- You were a public officer
- You were authorised or required to issue an instrument whereby any person could be prejudicially affected
- You issued such an instrument knowing it to be false in a material particular, and
- 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:
- The Roads and Maritime Service
- The Australian Taxation Office
- The Australian Securities and Investments Commission, or
- 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.
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