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Possessing False Document Equipment Without Reasonable Excuse

Possessing False Document Equipment Without Reasonable Excuse is an offence under section 256(2) 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 made or possessed equipment, material or any other item designed or adapted to make false documents
  2. You knew it was designed or adapted for that purpose, and
  3. You did not have a reasonable excuse for possessing it.

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.

Duress is a defence to the charge.

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