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:
- You made, provided or possessed a false travel or identity document
- The issue or alteration of the document was dishonest or resulted from threats
- You knew the document had been obtained dishonestly or through threats
- You intended the document to be used to facilitate the entry of another person into a foreign country
- The entry did not comply with the foreign country’s entry requirements, and
- You obtained, or intended to obtain, a direct or indirect benefit for your conduct.
A ‘travel document’ may include:
- A passport, or
- A national identity card which can be used for travel purposes.
An ‘identity document’ may include:
- A driver or rider licence
- A birth certificate, or
- A proof of age card.
You were ‘dishonest’ if:
- Your conduct was dishonest according to the standards of ordinary people, and
- 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:
- Necessity
- Duress, and
- Self-defence.
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