Making or possession of equipment etc for making false documents

Offence title:

Making or possession of equipment etc for making false documents

Act:

256 Crimes Act (NSW)

Offence:

(1)   A person who makes or possesses any equipment or material or other thing designed or adapted to make a false document:

(a)   Knowing that it is so designed or adapted, and

(b)   With the intention the person or another will use the equipment or thing to commit forgery,

Commits an offence.

(2)   Anyone who, without reasonable excuse, makes or has in his or her possession any equipment, material or other thing designed or adapted for the making of a false document, knowing that it is so designed or adapted, commits an offence.

(3)   Anyone who possesses any equipment, material or other thing that is capable of being used to make a false document, with the intention that the person or another person will use the equipment, material or other thing to commit the offence of forgery

Penalty:

(1)   Imprisonment 10 years.

(2)   Imprisonment 3 years

(3)   Imprisonment 3 years.

Summary/Indictable/mixed:

(1)   Indictable

(2)   Mixed

Jurisdiction:

(1)   District or Supreme Court.

(2)   Local, District or Supreme Court.

How committed:

Person A has a false copy of a driving licence purporting it to be proof of identity.

Important note:

A document is false if, and only if, the document (or any part of the document) 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 its 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, or on the authority of, a person who did not in fact exist.

Making a false document occurs when it is altered so as to make it false within the meaning of this section (whether or not it is false in some other respect apart from that alteration).

A document that purports to be a true copy of another document is to be treated as if it were the original document.

s.251 Inducing acceptance of false document

(1)   Inducing a person to accept a false document as genuine includes a reference to causing a machine to respond to the document as if it were a genuine document.

(2)   If it is necessary for the purposes of this Part to prove an intent to induce some person to accept a false document as genuine, it is not necessary to prove that the accused intended so to induce a particular person.