Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 145—Offences relating to forgery

145.1 Using forged document

(1) A person is guilty of 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 is guilty of 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 is guilty of 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 is guilty of 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.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(b) Presenting evidence that the party knows is false or forged