CRIMES ACT 1914

Part VIIA - Offences relating to postal services  

SECTION 85G   Forgery of postage stamps etc.  

(1)  
A person shall not forge a postage stamp.

Penalty: Imprisonment for 10 years.

(2)  
A person shall not utter a postage stamp knowing it to be forged.

Penalty: Imprisonment for 10 years.

(3)  


A person shall not make, use, have in his or her possession, or sell or otherwise dispose of, any paper or article that has affixed to it, or printed on it, a mark, label or design resembling, apparently intended to resemble or pass for, or likely to be mistaken for, a postage stamp, knowing it is not a postage stamp.

Penalty: Imprisonment for 5 years.

(4)  


A person shall not make, use, have in his or her possession, or sell or otherwise dispose of, any article resembling, apparently intended to resemble or pass for, or likely to be mistaken for, an envelope, letter-card, aerogram or other article on which Australia Post has caused a postage stamp to be affixed or printed, knowing that it is not such an article.

Penalty: Imprisonment for 5 years.

(5)  


A person shall not make, use, have in his or her possession, or sell or otherwise dispose of, any die, plate or instrument capable of making a mark, label or design in the form of, or in a form resembling, apparently intended to resemble or pass for, or likely to be mistaken for, a postage stamp, knowing that it is such a die, plate or instrument.

Penalty: Imprisonment for 5 years.

(5A)  


Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.
Note:

A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code ).

(6)  
A person shall be taken to utter a forged postage stamp if the person:


(a) tenders it or puts it off; or


(b) (Repealed by No 24 of 2001)


(c) uses or deals with it; or


(d) (Repealed by No 24 of 2001)


(e) attempts to induce any person to use, deal with, act on or accept it.




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