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Possessing False Document Equipment With Intent

Possessing False Document Equipment With Intent is an offence under section 256(3) of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.

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

  1. You possessed equipment, material or any other item capable of being used to make false documents, and
  2. You did so intending 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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