Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p32
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 32/39)
Character Range: 106664–109307

if:
 (a) the person makes or adapts a device, material or other thing; and
 (b) the person knows that the device, material or other thing is designed or adapted for the making of a false document (whether or not the device, material or thing is designed or adapted for another purpose); and
 (c) the person makes or adapts the device, material or thing with the intention that the person or another person will use it to commit an offence against section 144.1.

Penalty: Imprisonment for 10 years.

 (3) A person is guilty of an offence if:
 (a) the person knows that a device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose); and
 (b) the person has the device, material or thing in his or her possession; and
 (c) the person does not have a reasonable excuse for having the device, material or thing in his or her possession.

Penalty: Imprisonment for 2 years.

Note: A defendant bears an evidential burden in relation to the matter in paragraph (3)(c). See subsection 13.3(3).

 (4) A person is guilty of an offence if:
 (a) the person makes or adapts a device, material or other thing; and
 (b) the person knows that the device, material or other thing is designed or adapted for the making of a false Commonwealth document (whether or not the device, material or thing is designed or adapted for another purpose).

Penalty: Imprisonment for 2 years.

Note: See also section 10.5 (lawful authority).

145.4  Falsification of documents etc.

 (1) A person is guilty of an offence if:
 (a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and
 (b) the document is:
 (i) kept, retained or issued for the purposes of a law of the Commonwealth; or
 (ii) made by a Commonwealth entity or a person in the capacity of a Commonwealth public official; or
 (iii) held by a Commonwealth entity or a person in the capacity of a Commonwealth public official; and
 (c) the first‑mentioned person does so with the intention of:
 (i) obtaining a gain; or
 (ii) causing a loss.

Penalty: Imprisonment for 7 years.

 (1A) Absolute liability applies to the paragraph (1)(b) element of the offence.

 (2) A person is guilty of an offence if:
 (a) the person dishonestly damages, destroys, alters, conceals or falsifies a document; and
 (b) the person does so with the intention of:
 (i) obtaining a gain from another person; or
 (ii) causing a loss to another person; and
 (c) the other person is a Commonwealth entity.

Penalty: Imprisonment for 7 years.

 (3) In a prosecution for an