Crimes Act 1914

Pt VII repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018.

Pt VII heading substituted by No 91 of 2002, s 3 and Sch 1 item 1A, effective 28 November 2002. For transitional provision, see note under former s 78. The heading formerly read:

Espionage and official secrets

S 83A repealed by No 91 of 2002, s 3 and Sch 1 item 3, effective 28 November 2002. For transitional provision, see note under former s 78. S 83A formerly read:

Illegal use of uniforms, official permits, impersonation etc.

(1)
A person who, with the intention of contravening, or of assisting another person to contravene, a provision of this Part or of gaining admission, or of assisting another person to gain admission, to a prohibited place:

(a) uses or wears a naval, military, air force, police or other official uniform, or a uniform so nearly resembling such a uniform as to be likely to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear such a uniform;

(b) makes use of a disguise or false name or conceals his identity or nationality;

(c) forges, alters, tampers with, disposes of or destroys an official permit or uses or has in his possession a forged, altered or irregular official permit or official paper or anything so closely resembling an official permit or official paper as to be likely to deceive;

(d) personates, or falsely represents himself to be, a person:

(i) who is or has been a Commonwealth officer;

(ii) who holds or has held office under the Queen;

(iii) who holds or has held a contract made on behalf of the Queen or the Commonwealth;

(iv) who is or has been employed by or under a person to whom a preceding subparagraph applies; or

(v) acting with the permission of a Minister;

(e) manufactures, uses or disposes of, or has in his possession or under his control:

(i) an official die, key, badge, device, seal or stamp;

(ii) an impression of such a die, key, badge, device, seal or stamp; or

(iii) an official paper; or

(f) counterfeits an official die, key, badge, device, seal or stamp, or uses, disposes of or has in his possession or under his control:

(i) counterfeit official die, key, badge, device, seal or stamp;

(ii) anything so closely resembling an official die, key, badge, device, seal or stamp as to be likely to deceive; or

(iii) any paper so closely resembling an official paper as to be likely to deceive;

shall be guilty of an indictable offence.

Penalty: Imprisonment for 7 years.

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History

S 83A(1) amended by No 24 of 2001, s 3 and Sch 10 items 96 to 99, by substituting ``with the intention'' for ``for the purpose'', omitting ``, without lawful authority,'' after ``wears'' in para (a), omitting ``knowingly'' after ``name or'' in para (b), omitting ``knowingly'' after ``permit or'' in para (c) and omitting ``without lawful authority or excuse'' before ``manufactures'' in para (e). For application provisions, see note under s 3BA.

(2)
A person who:

(a) allows another person to have possession of an official permit issued for the use of the first-mentioned person alone;

(b) being a person for whose use an official permit has been issued, fails to comply with a direction or condition appearing on, or given by the authority which issued, the permit;

(c) has in his possession or use an official permit issued for the use of some person other than himself;

(d) on obtaining possession of an official permit by finding or otherwise, neglects or fails to restore it to:

(i) the person or authority by whom or for whose use it was issued;

(ii) a Commonwealth officer; or

(iii) a constable; or

(e) manufactures, alters, disposes of or has in his possession or use an official die, key, badge, device, seal, or paper or anything so closely resembling such an article as to be likely to deceive;

shall be guilty of an indictable offence.

Penalty: Imprisonment for 7 years.

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History

S 83A(2) amended by No 24 of 2001, s 3 and Sch 10 item 100, by omitting ``, without lawful authority or excuse'' after ``a person who''. For application provisions, see note under s 3BA.

(3)
For the purposes of this section:

(a) the expression ``official permit'' means a naval, military, air force, police or official passport, pass, permit, badge, certificate, licence or document which:

(i) purports to identify the holder or authorizes him to do an act or thing; and

(ii) is used or intended for use in the service of the Queen or of the Commonwealth; and

(b) a die, key, badge, device, seal, stamp or paper shall be deemed to be an official die, key, badge, device, seal, stamp or paper, as the case may be, if it is used or intended for use in the service of the Queen or of the Commonwealth.