Northern Territory Numbered Acts Northern Territory Numbered ActsPart VII, Divisions 7, 8 and 9
repeal, insert
In this Division:
"false document", see section 251.
"public duty" means a duty of a public officer.
(1) For this Division, a document is a false document only if the document, or any part of the document, purports:
(a) to have been made in the form in which it is made by a person who did not make it in that form; or
(b) to have been made in the form in which it is made on the authority of a person who did not authorise its making in that form; or
(c) to have been made in the terms in which it is made by a person who did not make it in those terms; or
(d) to have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms; or
(e) to have been changed in any way by a person who did not change it in that way; or
(f) to have been changed in any way on the authority of a person who did not authorise it to be changed in that way; or
(g) to have been made or changed by an existing person who did not exist; or
(h) to have been made or changed on the authority of an existing person who did not exist; or
(i) to have been made or changed on a date on which, at a time or place at which, or otherwise in circumstances in which it was not made or changed.
(2) For this Division, making a false document includes changing the document so as to make it a false document under subsection (1) (whether or not it already was false in some other way).
(3) For this Division, a document that purports to be a true copy of another document is to be treated as if it were the original document.
For this Division, a reference to inducing a person to accept a document as genuine includes a reference to causing a computer, machine or electronic device to respond to the document as if it were genuine.
(1) A person commits an offence if:
(a) the person ( person A ) makes a false document; and
(b) person A engages in the conduct mentioned in paragraph (a) with the intention:
(i) that person A or another person ( person B ) will use the document to induce another person ( person C ) to accept it as genuine; and
(ii) because person C accepts it as genuine – that person A, person B or another person obtains a gain, causes a loss or influences the exercise of a public duty; and
(c) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) To avoid doubt, for subsection (1)(b)(i), it is not necessary to prove an intention to induce a particular person to accept the false document as genuine.
(1) A person commits an offence if:
(a) the person ( person A ) uses a document; and
(b) the document is a false document and person A has knowledge of that circumstance; and
(c) person A engages in the conduct mentioned in paragraph (a) with the intention:
(i) to induce another person ( person B ) to accept it as genuine; and
(ii) because person B accepts it as genuine – that person A or another person obtains a gain, causes a loss or influences the exercise of a public duty; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).
(3) To avoid doubt, for subsection (1)(c)(i), it is not necessary to prove an intention to induce a particular person to accept the false document as genuine.
(1) A person commits an offence if:
(a) the person ( person A ) has a document in person A's possession; and
(b) the document is a false document and person A has knowledge of that circumstance; and
(c) person A engages in the conduct mentioned in paragraph (a) with the intention:
(i) to induce another person ( person B ) to accept it as genuine; and
(ii) because person B accepts it as genuine – that person A or another person obtains a gain, causes a loss or influences the exercise of a public duty; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 10 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).
(3) To avoid doubt, for subsection (1)(c)(i), it is not necessary to prove an intention to induce a particular person to accept the false document as genuine.
(1) A person commits an offence if:
(a) the person makes or adapts a device, material or other thing; and
(b) the device, material or other thing is designed or adapted to make a false document and the person has knowledge of that circumstance; and
(c) the person engages in the conduct mentioned in paragraph (a) with the intention:
(i) to use the device, material or other thing to commit an offence against section 253; or
(ii) for another person to use the device, material or other thing to commit an offence against section 253.
Maximum penalty: Imprisonment for 7 years.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).
(1) A person commits an offence if:
(a) the person possesses a device, material or other thing; and
(b) the device, material or other thing is designed or adapted to make a false document and the person has knowledge of that circumstance; and
(c) the person engages in the conduct mentioned in paragraph (a) with the intention:
(i) to use the device, material or other thing to commit an offence against section 253; or
(ii) for another person to use the device, material or other thing to commit an offence against section 253.
Maximum penalty: Imprisonment for 7 years.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).
(3) A person commits an offence if:
(a) the person intentionally possesses a device, material or other thing; and
(b) the device, material or other thing is designed or adapted to make a false document and the person has knowledge of that circumstance.
Maximum penalty: Imprisonment for 2 years.
(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
Note for section 257
The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).