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Possessing a False Document

Possessing a False Document is an offence under Section 255 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 were in possession of a False Document
  2. Knowing the document was false
  3. Intending to induce another person to accept it as genuine, and
  4. As a result of its acceptance as genuine:

Obtain property belonging to another, or obtain a financial advantage or cause a financial disadvantage, or influence the exercise of a public duty.

A ‘False Document’ is one that 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.

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