Victorian Current Acts

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UNAUTHORIZED DOCUMENTS ACT 1958 - SECT 4

Sending or delivering etc. false process an offence

S. 4(1) amended by No. 57/1989 s. 3(Sch. item 204.1).

    (1)     Every person who sends or delivers to or serves on or causes to be sent or delivered to or served on any other person any paper or writing which is not an original or a copy of a document published or issued out of or by or under the authority or with the sanction of any tribunal but which in the opinion of the court in which any proceedings under this section are brought is likely or intended to convey to such other person the impression that such paper or writing is an original or a copy of a document published or issued out of or by or under the authority or with the sanction of any tribunal shall be guilty of an offence and every person who prints publishes or sells or offers or exhibits for sale or causes to be printed published or sold or offered or exhibited for sale any paper or writing which is not an original or a copy of a document published or issued as aforesaid but which in the opinion of the court in which any proceedings under this section are brought is likely or intended to convey to any person whomsoever the impression that such paper or writing is such an original or copy shall be guilty of an offence.

    (2)     Every person guilty of an offence under this section—

S. 4(2)(a) amended by No. 110/1986 s. 140(2) (Sch.).

        (a)     shall be deemed guilty of a contempt of the Supreme Court and may be punished accordingly by such Court upon the application of any person complaining thereof; or

S. 4(2)(b) amended by Nos 7315 s. 5(1), 9554 s. 2(2)(Sch. 2 item 352).

        (b)     shall be liable to a penalty of not less than 1 penalty unit nor more than 10 penalty units.

    (3)     In any proceedings under this section if any person is named on any such paper or writing in such a way as to imply that he is the printer publisher seller or sender of the same such person shall prima facie be deemed to be the person who printed published sold or sent such paper or writing.

    (4)     In this section unless inconsistent with the context or subject-matter—

"document" includes any notice claim demand or process or any document relating to any extra-judicial remedy and whether in existence or not;

S. 4(4) def. of Tribunal amended by No. 57/1989 s. 3(Sch. item 204.2).

"Tribunal" includes any court judge magistrate or public officer whether in or out of Victoria and whether in existence or not.

No. 3794 s. 5.



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