Criminal Code Act 1995
Section 3
CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT Part 7.7 - Forgery and related offences Division 144 - Forgery SECTION 144.1 Forgery (1)A person commits an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly induce a third person in the third person ' s capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the capacity is a capacity as a Commonwealth public official.
Penalty: Imprisonment for 10 years.
(2)
In a prosecution for an offence against subsection (1) , it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.
(3)
A person commits an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the response is in connection with the operations of a Commonwealth entity.
Penalty: Imprisonment for 10 years.
(4)
In a prosecution for an offence against subsection (3) , it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.
(5)
A person commits an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly induce a third person to accept it as genuine; and
(ii) if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(6)
In a prosecution for an offence against subsection (5) , it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
(7)
A person commits an offence if:
(a) the person makes a false document with the intention that the person or another will use it:
(i) to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and
(b) the false document is a false Commonwealth document.
Penalty: Imprisonment for 10 years.
(8)
In a prosecution for an offence against subsection (7) , it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.
(9)
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against subsection (1) , (3) , (5) or (7) .
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