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 145 - Offences relating to forgery  

SECTION 145.4   Falsification of documents etc.  

(1)  
A person commits an offence if:


(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and


(b) the document is:


(i) kept, retained or issued for the purposes of a law of the Commonwealth; or

(ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or

(iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and


(c) the first-mentioned person does so with the intention of:


(i) obtaining a gain; or

(ii) causing a loss.

Penalty: Imprisonment for 7 years.

(1A)  
Absolute liability applies to the paragraph (1)(b) element of the offence.

(2)  
A person commits an offence if:


(a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and


(b) the person does so with the intention of:


(i) obtaining a gain from another person; or

(ii) causing a loss to another person; and


(c) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

(3)  
In a prosecution for an offence against subsection (2) , it is not necessary to prove that the defendant knew that the other person was a Commonwealth entity.




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