Passports Legislation Amendment (Integrity) Act 2015 (122 of 2015)

Schedule 1 Amendments

Repeal the section, substitute:

36 Making or providing false Australian travel documents

(1) A person commits an offence if:

(a) the person makes a false Australian travel document; and

(b) the person does so with the intention that the document may be used, acted upon or accepted as if it were an Australian travel document.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

(2) A person commits an offence if:

(a) the person provides a false Australian travel document to another person; and

(b) the person does so with the intention that the document may be used, acted upon or accepted as if it were an Australian travel document.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

(3) Paragraph (2)(a) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.