Possessing False Document Equipment With Intent is an offence under section 256(3) of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You possessed equipment, material or any other item capable of being used to make false documents, and
- You did so intending for it to be used to commit forgery.
A ‘false document’ is one which purports to have been:
- Made in a form or in terms by a person who did not make it in that form, or in those terms
- Made in a form or in terms, or altered in any way on authority, by a person who did not authorise it or did not exist, or
- Made or altered on an incorrect date or at an incorrect place.
A ‘forgery’ is where:
- A false document is made
- It is made with the intention to use it or to induce another person to accept it as genuine, and
- As a result of its acceptance as genuine, property belonging to another is obtained, or a financial advantage is obtained, or a financial disadvantage is caused, or the exercise of a public duty is influenced
Duress is a defence to the charge.