Criminal Code Act 1995
Section 3
CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT Part 7.7 - Forgery and related offences Division 145 - Offences relating to forgery SECTION 145.1 Using forged document (1)A person commits an offence if:
(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person in the other person ' s capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing 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 knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing 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, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing 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 knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing 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 knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing 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, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing 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.
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