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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:

  1. You produced a document to another person
  2. You did so knowing the document was false or misleading, and
  3. 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.