Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.4 - False or misleading statements  

Division 137 - False or misleading information or documents  

SECTION 137.2   False or misleading documents  

(1)  
A person commits an offence if:


(a) the person produces a document to another person; and


(b) the person does so knowing that the document is false or misleading; and


(c) the document is produced in compliance or purported compliance with a law of the Commonwealth.

Penalty: Imprisonment for 12 months.

(2)  
Subsection (1) does not apply if the document is not false or misleading in a material particular.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) . See subsection 13.3(3) .

(3)  
Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:


(a) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and


(b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) . See subsection 13.3(3) .




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