Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:1_22
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 22376–24186

22  Possessing, making or providing false foreign travel documents

 (1) A person commits an offence if:
 (a) the person has possession or control of a document; and
 (b) the person knows that the document is a false foreign travel document.

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

 (2) A person commits an offence if:
 (a) the person:
 (i) makes a false foreign travel document; or
 (ii) provides a false foreign travel document to another person; and
 (b) the person does so with the intention that the false foreign travel document may be used, acted on or accepted as if it were a passport or document of identity issued by or on behalf of the government of a foreign country.

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

 (3) Subsections (1) and (2) do 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.

 (4) In this section:

false foreign travel document:
 (a) means a document:
 (i) that purports to be a passport issued by or on behalf of the government of a foreign country but that was not issued by or on behalf of that government; or
 (ii) that purports to be a document of identity issued for travel purposes by or on behalf of the government of a foreign country for the purposes of travel but that was not issued by or on behalf of that government; and
 (b) includes a foreign travel document that has been altered by a person who is not authorised to alter that foreign travel document.

make, in relation to a false foreign travel document, includes alter a document so as to make it a false document (whether or not it was already a false document before the alteration).

Part 4—Miscellaneous