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Knowingly Making or Possessing False Document Equipment With Intent

Knowingly Making or Possessing False Document Equipment With Intent is an offence under section 256(1) of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.

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

  1. You made or possessed equipment, material or any other item designed or adapted to make a false document
  2. You knew it was designed or adapted for that purpose, and
  3. You intended for it to be used to commit forgery.

A ‘false document’ is one which purports to have been:

  1. Made in a form or in terms by a person who did not make it in that form or in those terms
  2. Made in a form or in terms, or altered in any way on authority, by a person who did not authorise it or did not exist, or
  3. Made or altered on an incorrect date or at an incorrect place.

A ‘forgery’ is where:

  1. A false document is made
  2. It is made with the intention to use it or to induce another person to accept it as genuine, and
  3. As a result of its acceptance as genuine, property belonging to another is obtained, or a financial advantage is obtained, or a financial disadvantage is caused, or the exercise of a public duty is influenced.

Duress is a defence to the charge.

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