This article will outline provisions about forgery under the Crimes Act 1900 (NSW). Forgery, in general, refers to the intentional act of creating or altering a document or item with the intent to deceive or defraud someone. It involves counterfeiting or making a false copy of something with the intention of using it as the original or authentic document or item.
Forgery can encompass a wide range of actions, including:
- Creating a false document or signature: This involves fabricating a document or signature altogether, without any basis in reality, to pass it off as genuine.
- Altering an existing document: This involves modifying an existing document to change its meaning, content, or validity, with the intent to deceive or defraud.
- Counterfeiting currency or other valuable items: This involves creating fake copies of currency, money orders, stamps, or other valuable items with the intent to use them as if they were genuine.
- Misrepresenting oneself or qualifications: This involves falsely claiming to be someone else or possessing credentials or qualifications one does not have, with the intent to deceive or gain an advantage.
Read on to learn about provisions about forgery.
Section 250: Definition of a False Document
Section 250 of provisions about forgery provides the meaning of a false document. Read on to learn its definition. In this Part, a document is considered “false” if, and only if, it (or any part of it) appears to have been:
- Made in a form by someone who did not actually make it in that form,
- Made in a form by someone who did not actually authorise its making in that form,
- Made in the terms by someone who did not actually make it in those terms,
- Made in the terms by someone who did not actually authorise its making in those terms,
- Altered in any way by someone who did not actually alter it in that way,
- Altered in any way by someone who did not actually authorise its alteration in that way,
- Made or altered on a date, at a place, or in circumstances in which it was not actually made or altered,
- Made or altered by, or on the authority of, someone who did not actually exist.
For the purposes of this Part, a person is considered to have “made a false document” if they alter a document so as to make it false within the meaning of this section. This is the case whether or not it was false in some other respect apart from that alteration).
For the purpose of applying this section, a document that is purported to be a true copy of another document is to be treated as if it were the original document.
Section 251: Inducing Acceptance of False Document
Section 251 of provisions about forgery states the following:
(1) In this Part, when it refers to inducing someone to accept a false document as genuine, it also includes causing a machine to react to the document as if it were a genuine document.
(2) If it is necessary for the purposes of this Part to prove an intent to induce someone to accept a false document as genuine, it is not necessary to prove that the accused intended to induce a particular person.
Section 252: Interpretative Provisions Relating to Obtaining Property, Financial Advantage and Financial Disadvantage
S252 states that the following provisions also apply to provisions about forgery:
- Section 192C (Obtaining property belonging to another)
- Section 192D (Obtaining financial advantage or causing financial disadvantage)
Section 253: Forgery–Making False Document
Section 253 of provisions about forgery state that:
Anyone who creates a false document with the intention that they or someone else will use it to deceive another person into:
- Accepting the document as genuine, and
- Either:
- Obtaining property belonging to another person, or
- Obtaining a financial advantage or causing a financial disadvantage to another person, or
- Influencing the exercise of a public duty,
is guilty of the offence of forgery. The maximum penalty for forgery is 10 years in prison.
Section 254: Using False Document
Section 254 of provisions about forgery discusses the offence of using a false document. Anyone who knowingly uses a false document with the intention of deceiving another person into accepting it as genuine and thereby:
- Obtaining property belonging to another person, or
- Obtaining a financial advantage or causing a financial disadvantage to another person, or
- Influencing the exercise of a public duty,
is guilty of an offence under this section. The maximum penalty for this crime is 10 years in prison.
Section 255: Possession of False Document
Section 255 of provisions about forgery outlines the possession of false documents. Anyone who knowingly possesses a false document with the intention that they or someone else will use it to deceive another person into:
- Accepting the document as genuine, and
- Either:
- Obtaining property belonging to another person, or
- Obtaining a financial advantage or causing a financial disadvantage to another person, or
- Influencing the exercise of a public duty,
is guilty of an offence under this section.
Section 256: Making or Possession of Equipment Etc for Making False Documents
Section 256 of provisions about forgery sets out the following:
(1) Anyone who makes or possesses equipment, materials, or other items specifically designed or adapted for creating false documents with the knowledge that they are intended for this purpose and with the intent that they or someone else will use these items to commit forgery is guilty of an offence. The maximum penalty for this offence is 10 years in prison.
(2) Anyone who, without a valid reason, makes or possesses equipment, materials, or other items specifically designed or adapted for creating false documents with the knowledge that they are intended for this purpose is guilty of an offence. The maximum penalty for this offence is 3 years in prison.
(3) Anyone who possesses equipment, materials, or other items that can be used to create false documents with the intent that they or someone else will use these items to commit forgery is guilty of an offence. The maximum penalty for this offence is 3 years in prison.
(4) This section applies to any equipment, materials, or other items that are specifically designed or adapted for creating false documents, even if they are also designed or adapted for another purpose.
(5) This section applies to someone who intends to commit an offence, even if committing the intended offence is impossible or the intended offence is to be committed at a later time.
(6) Attempting to commit an offence under this section is not an offence.
Seeking Legal Advice About Forgery
Seeking legal advice from JB Solicitors about forgery is crucial for protecting your rights, understanding your situation, and navigating the legal process effectively.
Our expertise, experience, and dedication to client satisfaction makes us the ideal choice for handling your forgery case. Our criminal lawyers are here to represent you and protect your best interests throughout all legal matters.
Message us today for more information about provisions about forgery.
