Producing False or Misleading Documents is an offence under section 307C of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You produced a document to another person
- You did so knowing the document was false or misleading, and
- The document was produced in compliance or purported compliance with a NSW law.
The document is only ‘misleading’ if it is false or misleading in a material particular.
You are not guilty of the offence if you establish, on the balance of probabilities, that the document was accompanied by a written statement signed by you, or in the case of a company, by a competent officer of the company, stating it is false or misleading in a material particular, or setting out, or referring to, the material particular believed to be false or misleading.
Duress is a defence to the charge.