Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p190
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 190/268)
Character Range: 845343–847896

was a false Commonwealth document.

145.2  Possession of forged document
 (1) A person commits an offence if:
 (a) the person knows that a document is a false document and has it in his or her possession 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 knows that a document is a false document and has it in his or her possession 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 knows that a document is a false document and has it in his or her possession 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 knows that a document is a false document and has it in his or her possession with the intention that the person or another will use it:
 (i) to dishonestly cause a computer, a machine or an