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Providing or Possessing a Travel or Identity Document for Use by Someone Other than the Rightful Owner

Providing or possessing a travel or identity document for use by someone other than the rightful user is an offence under section 73.10 of the Criminal Code Act 1995 (Cth), 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, provided or possessed a false travel or identity document
  2. You intended the document to be used to facilitate the entry of another person into a foreign country
  3. The entry of the other person did not comply with the foreign country’s entry requirements
  4. You knew the other person was not the person to whom the document applied, and
  5. You obtained, or intended to obtain, a direct or indirect benefit for your conduct.

A ‘travel document’ may include:

  1. A passport, or
  2. A national identity card which can be used for travel purposes.

An ‘identity document’ may include:

  1. A driver or rider licence
  2. A birth certificate, or
  3. A proof of age card.

Defences to the charge include:

  1. Necessity
  2. Duress, and
  3. Self-defence.

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