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Providing or Possessing a Travel or Identity Document Issued or Altered Dishonestly or Due to Threats

Providing or possessing a travel or identity document issued or altered dishonestly or due to threats is an offence under section 73.9 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. The issue or alteration of the document was dishonest or resulted from threats
  3. You knew the document had been obtained dishonestly or through threats
  4. You intended the document to be used to facilitate the entry of another person into a foreign country
  5. The entry did not comply with the foreign country’s entry requirements, and
  6. 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.

You were ‘dishonest’ if:

  1. Your conduct was dishonest according to the standards of ordinary people, and
  2. You knew your conduct was dishonest according to those standards.

A ‘threat’ may be express or implied, conditional or unconditional.

Defences to the charge include:

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

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