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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 138

False documents

Making a false document

             (1)  A person commits an offence if:

                     (a)  the person makes a false document with the intention that the person or another will produce the false document in the course of an applicable customer identification procedure; and

                     (b)  the applicable customer identification procedure is under this Act.

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

             (2)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the applicable customer identification procedure is under this Act.

Possessing a false document

             (3)  A person commits an offence if:

                     (a)  the person knows that a document is a false document; and

                     (b)  the person has it in his or her possession with the intention that the person or another will produce it in the course of an applicable customer identification procedure; and

                     (c)  the applicable customer identification procedure is under this Act.

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

             (4)  In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the applicable customer identification procedure is under this Act.

Possessing equipment for making a false document

             (5)  A person commits an offence if the person:

                     (a)  knows that a 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

                     (b)  has the device, material or thing in his or her possession with the intention that the person or another person will use it to commit an offence against subsection (1).

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

Making equipment for making a false document

             (6)  A person commits an offence if the person:

                     (a)  makes or adapts a device, material or other thing; and

                     (b)  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)  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 subsection (1).

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

Interpretation

             (7)  An expression used in this section that is also used in Part 7.7 of the Criminal Code has the same meaning as in that Part.

Note:          See also section 10.5 of the Criminal Code (lawful authority).



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