Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.7 - Forgery and related offences  

Division 144 - Forgery  

SECTION 144.1   Forgery  

(1)  
A person commits an offence if:


(a) the person makes a false document with the intention that the person or another will use it:


(i) to dishonestly induce a third person in the third person ' s capacity as a public official to accept it as genuine; and

(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and


(b) the capacity is a capacity as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2)  
In a prosecution for an offence against subsection (1) , it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3)  
A person commits an offence if:


(a) the person makes a false document with the intention that the person or another will use it:


(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and


(b) the response is in connection with the operations of a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4)  
In a prosecution for an offence against subsection (3) , it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5)  
A person commits an offence if:


(a) the person makes a false document with the intention that the person or another will use it:


(i) to dishonestly induce a third person to accept it as genuine; and

(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and


(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(6)  
In a prosecution for an offence against subsection (5) , it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7)  
A person commits an offence if:


(a) the person makes a false document with the intention that the person or another will use it:


(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and


(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(8)  
In a prosecution for an offence against subsection (7) , it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(9)  
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against subsection (1) , (3) , (5) or (7) .




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