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Forgery etc. of Documents and Identification Marks

Driving – Other Traffic Offences – VIC

Welcome to the VIC Forgery etc. of documents and identification marks article page. Everything you need to know about Forgery etc. of documents and identification marks according to VIC law.

What the Law States according to VIC Law for Forgery etc. of documents and identification marks

According to VIC Law for the charge of Forgery etc. of documents and identification marks:

(1) A person is guilty of an offence if that person-

(a) forges; or
(b) fraudulently alters or uses; or
(c) fraudulently lends or allows to be used by any other person-

any notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised by or required by or under this Act.

Penalty: 10 penalty units or imprisonment for 2 months.

(1A) A person is guilty of an offence if that person-

(a) forges; or
(b) fraudulently alters or uses; or
(c) fraudulently lends or allows to be used by any other person-

any vehicle identifier, engine identification number, identification plate, manufacturer’s build plate or any other plate, label or mark that uniquely identifies a vehicle and sets it apart from similar vehicles.

Penalty: 60 penalty units or imprisonment for 6 months.

(2) A person is guilty of an offence if that person makes, uses, knowingly has custody or possession of, sells or utters any paper or other material purporting to be a notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised or required by or under this Act.

Penalty: 10 penalty units or imprisonment for 2 months.

(3) A person is not guilty of an offence under this section by reason only that the person makes or uses an identifying number in such circumstances as are prescribed.

The Maximum Penalty – Forgery etc. of documents and identification marks

According to VIC Law for the charge of Forgery etc. of documents and identification marks:

1. A person who either forges, fraudulently alters or uses, or fraudulently lends or allows to be used by any other person, any notice, registation label, certificate, license, permit or other document. Penalty: 10 penalty units, or imprisonment ofr 2 months.

2. A person who either forces, fraudulently alters or uses, or fraudluently lends or allows to be used by any other person, any vehicle identifier, engine indentification number, identification plate, manufacturer’s buid plae or any other plate, or label or make that uniquely identifies that vehicle: Penalty 60 penalty units or imprisonment for 6 months.

3. A person who makes, uses, or knowingly has custody or possession of, or whom sells or utters any paper or other material purporting ot be a notice, registration label, certificate, licence, permit or other odcument or any identifying number or general identification mark that is authorised or required by or under this Act. Penalty: 10 penatly units or imprisonment for 2 months.

What the Police must prove according to VIC Law for Forgery etc. of documents and identification marks

1. A person has possession of unique vehicle identifiers (engine identification number, identification plate, manufacturer’s build plate, etc), or

2. A person has possession of documents that identify the registered owner of the motor vehicle, driver etc, or identify the status of the vehicle as per the records kept by the Corporation (VicRoads), (registration label, relevant RSA certificates, license, permit)

3. And in either cases, use, possession or custody of documents has been achieved by the fraudulent acts of that person (misrepresentaion, false statements, uttering false document, etc) or by knowingly taking possession of said documents through fraudulent acts of another person.

4. Or a person knowingly uses a document(s) obtain through fraudulent acts, or allows the document(s) to be used by another.

Possible Defences under VIC Law – Forgery etc. of documents and identification marks

1. Factual dispute
2. Innocent possession (no dishonest intent; mens rea)
3. Innocent use (no dishonest intent; mens rea)

In VIC which court will hear the matter – Forgery etc. of documents and identification marks

These offences under s. 72 can be heard and determined summarily in the Magistrates’ Court.

Street Names

Affix false number plates, Use false number plate, Use false registration label, Affix false registration label, Use false license

 

Date: 09/01/2009

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