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Falsification of Documents

Other (inc. Computer Offences) – VIC

Welcome to the VIC Falsification of documents article page. Everything you need to know about Falsification of documents according to VIC law.

What the Law States according to VIC Law for Falsification of documents

According to VIC Law for the charge of Falsification of documents,

Crimes Act 1958 – SECT 83A
Falsification of documents

83A. Falsification of documents

(1) A person must not make a false document with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.

Penalty: Level 5 imprisonment (10 years maximum).

(2) A person must not use a document which is, and which he or she knows to be, false, with the intention of inducing another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.

Penalty: Level 5 imprisonment (10 years maximum).

(3) A person must not make a copy of a document which is, and which he or she knows to be, a false document, with the intention that he or she, or another person, shall use it to induce another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.

Penalty: Level 5 imprisonment (10 years maximum).

(4) A person must not use a copy of a document which is, and which he or she knows to be, a false document, with the intention of inducing another person to accept it as a copy of a genuine document and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s prejudice.

Penalty: Level 5 imprisonment (10 years maximum).

(5) A person must not have in his or her custody, or under his or her control, a document which is, and which he or she knows to be, false, with the intention that the person or another shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person’s, or to another person’s, prejudice.

Penalty: Level 5 imprisonment (10 years maximum).

(5A) A person must not, with the intention that he or she may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by him or her, would be false.

Penalty: Level 5 imprisonment (10 years maximum).

(5B) A person must not, with the intention that another person may commit an offence against subsection (1), make, or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is, and which he or she knows to be, specially designed or adapted for the making of a document which, if made by that other person, would be false.

Penalty: Level 5 imprisonment (10 years maximum).

(5C) A person must not, without lawful excuse, make or have in his or her custody, or under his or her control, a machine or implement, or paper or other material, which is and which the person knows to be specially designed or adapted for the making of a document which, if made by him or her, would be false.

Penalty: Level 6 imprisonment (5 years maximum).

(6) For the purpose of this section, a document is false if it purports-

(a) to have been made in the form in which it is made by a person who did not in fact make it in that form; or

(b) to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form; or

(c) to have been made in the terms in which it is made by a person who did not in fact make it in those terms; or

(d) to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms; or

(e) to have been altered in any respect by a person who did not in fact alter it in that respect; or

(f) to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect; or

(g) to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered; or

(h) to have been made or altered by an existing person who did not in fact exist.

(7) For the purposes of this section, a person is to be treated as making a false document if the person alters a document so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).

(8) For the purposes of this section, an act or omission is to a person’s prejudice if, and only if, it is one that, if it occurs-

(a) will result-

(i) in the person’s temporary or permanent loss of property; or

(ii) in the person’s being deprived of an opportunity to earn remuneration or greater remuneration; or

(iii) in the person’s being deprived of an opportunity to obtain a financial advantage otherwise than by way of remuneration; or

(b) will result in any person being given an opportunity-

(i) to earn remuneration or greater remuneration from the first-mentioned person; or

(ii) to obtain a financial advantage from the first-mentioned person otherwise than by way of remuneration; or

(c) will be the result of the person’s having accepted a false document as genuine, or a copy of a false document as a copy of a genuine one, in connection with the person’s performance of a duty.

(9) In this section-

(a) a reference to inducing a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine document, shall be read as including a reference to causing a machine to respond to the document or copy as if it were a genuine document or a copy of a genuine document, as the case may be; and

(b) if-

(i) a machine so responds to a document or copy; and

(ii) the act or omission intended to be caused by the machine’s so responding is an act or omission that, if it were an act or omission of a person, would be to a person’s prejudice within the meaning of subsection (1)-

the act or omission intended to be caused by the machine’s so responding shall be deemed to be an act or omission to a person’s prejudice.

(10) In proceedings for an offence against this section, if it is necessary to allege an intent to induce a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine one, it is not necessary to allege that the accused intended so to induce a particular person.

The Maximum Penalty – Falsification of documents

According to VIC Law for the charge of Falsification of documents, 10 years.

What the Police must prove according to VIC Law for Falsification of documents

1. A Person intentionally makes or uses or has in his or her custody a document which is false, and which if presented, used by the other party, will be to that other party’s prejudice.
2. A Person intentionally uses a false document to induce another party to do or not do an act to the other person’s prejudice.
3. A Person has possession of a machine designed or adapted for the intention of making a false document.
4. A person allows another to use a machine designed or adapted for the intention of making a false document.

Possible Defences under VIC Law – Falsification of documents

1. Factual Dispute
2. Whether requisite element of dishonest intent established

In VIC which court will hear the matter – Falsification of documents

Magistrates or County Court depending upon whether summary jurisdiction is elected

Street Names

Forgery of documents, Forgery

 

Date: 09/01/2009

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