(02) 9261 8881
Book a Lawyer

Section 144.1 Criminal Code Act 1995
Forgery

published on
updated on
Information on this page was reviewed by a specialist defence lawyer before being published. Click to read more.

Making a false document to dishonestly induce a Commonwealth public official is an offence under Section 144.1(1) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made a false document,
  2. You did so intending that another person use it to dishonestly induce a third person in his or her capacity as a public official.

To accept it as genuine, and to thereby:

  • Obtain a gain for yourself or another person, or
  • Cause a loss, or
  • Influence the exercise of a public duty or function, and
  1. The induced capacity is that attached to a Commonwealth public official.

A ‘document’ includes:

  1. Any paper or material on which there is writing,
  2. Any paper or material on which there are marks, figures, symbols or perforations that are capable of being given a meaning by persons qualified to interpret them or of being responded to by a computer, a machine or an electronic device, or
  3. Any article or material from which information is capable of being reproduced with or without the aid of any other article or device.

A document is considered to be ‘false’ if any part of it purports:

  1. To have been made in the form in which it is made by a person who did not make it in that form,
  1. To have been made in the form in which it is made on the authority of a person who did not authorise its making in that form,
  1. To have been made in the terms in which it is made by a person who did not make it in those terms,
  1. To have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms,
  1. To have been altered in any respect by a person who did not alter it in that respect,
  1. To have been altered in any respect on the authority of a person who did not authorise its alteration in that respect,
  1. To have been made or altered by a person who did not exist,
  2. To have been made or altered on the authority of a person who did not exist, or
  1. To by any part of it to have been made or altered on a date, time or place, or in circumstance in which this did not occur.

‘Dishonesty’ is determined according to the standards of ordinary people and known by you to be dishonest.

It is not necessary for the prosecution to prove you knew that the capacity was that of a Commonwealth public official.

Duress is a legal defence to the charge.

Making a False Document with Intent to Cause a Computer to Accept it as Genuine is an offence under Section 144.1(3) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made a false document,
  2. You did so intending that another person use it to dishonestly cause a computer, machine or electronic device to respond to the document as if it were genuine, and to thereby:
  • Obtain a gain for yourself or another person, or
  • Cause a loss, or
  • Influence the exercise of a public duty or function, and
  1. The response was in connection with the operations of a Commonwealth entity.

A ‘document’ includes:

  1. Any paper or material on which there is writing,
  2. Any paper or material on which there are marks, figures, symbols or perforations that are capable of being given a meaning by persons qualified to interpret them or of being responded to by a computer, a machine, or an electronic device, or
  3. Any article or material from which information is capable of being reproduced with or without the aid of any other article or device.

A document is considered to be ‘false’ if any part of it purports:

  1. To have been made in the form in which it is made by a person who did not make it in that form,
  1. To have been made in the form in which it is made on the authority of a person who did not authorise its making in that form,
  1. To have been made in the terms in which it is made by a person who did not make it in those terms,
  1. To have been made in the terms in which it is made on the authority of a person who did not authorise its making in those terms,
  1. To have been altered in any respect by a person who did not alter it in that respect,
  1. To have been altered in any respect on the authority of a person who did not authorise its alteration in that respect,
  1. To have been made or altered by a person who did not exist,
  2. To have been made or altered on the authority of a person who did not exist, or
  1. To by any part of it to have been made or altered on a date, time or place, or in circumstance in which this did not occur.

A ‘Commonwealth entity’ is any agency, department, office or other organisation or body created under Commonwealth legislation.

‘Dishonesty’ is determined according to the standards of ordinary people and known by you to be dishonest.

It is not necessary for the prosecution to prove you knew that the response was in connection with the operations of a Commonwealth entity.

Duress is a legal defence to the charge.

Dishonestly Inducing Another Person to use False Commonwealth Document is an offence under Section 144.1(5) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made a document,
  2. You did so intending that another person use it:

To dishonestly induce a third party to accept it as genuine and to thereby:

  • Obtain a gain for yourself or another person, or
  • Cause a loss, or
  • Influence the exercise of a public duty or function, and
  1. The document was a false Commonwealth document.

A ‘document’ includes:

  1. Any paper or material on which there is writing,
  2. Any paper or material on which there are marks, figures, symbols or perforations that are capable of being given a meaning by persons qualified to interpret them or of being responded to by a computer, a machine or an electronic device, or
  1. Any article or material from which information is capable of being reproduced with or without the aid of any other article or device.

A document is a ‘false Commonwealth document’ if any part of it purports:

  1. To have been made in the form in which it is made by a Commonwealth entity or Commonwealth public official who did not make it in that form,
  1. To have been made in the form in which it is made on the authority of a Commonwealth entity or Commonwealth public official who did not authorise its making in that form,
  1. To have been made in the terms in which it is made by a Commonwealth entity or Commonwealth public official who did not make it in those terms,
  1. To have been made in the terms in which it is made on the authority of a Commonwealth entity or Commonwealth public official who did not authorise its making in those terms,
  1. To have been altered in any respect by a Commonwealth entity or Commonwealth public official who did not alter it in that respect,
  1. To have been altered in any respect on the authority of a Commonwealth entity or Commonwealth public official who did not authorise its alteration in that respect,
  1. To have been made or altered by a Commonwealth entity or Commonwealth public official who did not exist,
  1. To have been made or altered on the authority of a Commonwealth entity or Commonwealth public official who did not exist, or
  1. any part of it to have been made or altered by a Commonwealth entity or Commonwealth public official on a date, time or place, or in circumstance on or in which this did not occur.

A ‘Commonwealth entity’ is any agency, department, office or other organisation or body created under Commonwealth legislation.

‘Dishonesty’ is determined according to the standards of ordinary people and known by you to be dishonest.

It is not necessary for the prosecution to prove you knew that the document was a false Commonwealth document.

Duress is a legal defence to the charge.

Dishonestly Causing a Computer to Accept a False Commonwealth Document is an offence under Section 144.1(7) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You made a document,
  2. You did so intending that another person use it to dishonestly cause a computer, machine or electronic device:
  • Obtain a gain for yourself or another person, or
  • Cause a loss, or
  • Influence the exercise of a public duty or function, and
  1. The document was a false Commonwealth document.

A ‘document’ includes:

  1. Any paper or material on which there is writing,
  2. Any paper or material on which there are marks, figures, symbols or perforations that are capable of being given a meaning by persons qualified to interpret them or of being responded to by a computer, a machine or an electronic device, or
  3. Any article or material from which information is capable of being reproduced with or without the aid of any other article or device.

A document is a ‘false Commonwealth document’ if any part of it purports:

  1. To have been made in the form in which it is made by a Commonwealth entity or Commonwealth public official who did not make it in that form,
  1. To have been made in the form in which it is made on the authority of a Commonwealth entity or Commonwealth public official who did not authorise its making in that form,
  1. To have been made in the terms in which it is made by a Commonwealth entity or Commonwealth public official who did not make it in those terms,
  1. To have been made in the terms in which it is made on the authority of a Commonwealth entity or Commonwealth public official who did not authorise its making in those terms,
  1. To have been altered in any respect by a Commonwealth entity or Commonwealth public official who did not alter it in that respect,
  1. To have been altered in any respect on the authority of a Commonwealth entity or Commonwealth public official who did not authorise its alteration in that respect
  1. To have been made or altered by a Commonwealth entity or Commonwealth public official who did not exist
  1. To have been made or altered on the authority of a Commonwealth entity or Commonwealth public official who did not exist, or
  1. To by any part of it to have been made or altered by a Commonwealth entity or Commonwealth public official on a date, time or place, or in circumstance on or in which this did not occur.

A ‘Commonwealth entity’ is any agency, department, office or other organisation or body created under Commonwealth legislation.

‘Dishonesty’ is determined according to the standards of ordinary people and known by you to be dishonest.

It is not necessary for the prosecution to prove you knew that the false document was a false Commonwealth document.

Duress is a legal defence to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Forgery matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

144.1  Forgery

(1)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly induce a third person in the third person’s capacity as a public official to accept it as genuine; and

(ii)  if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the capacity is a capacity as a Commonwealth public official.

Penalty:  Imprisonment for 10 years.

(2)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii)  if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the response is in connection with the operations of a Commonwealth entity.

Penalty:  Imprisonment for 10 years.

(4)  In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly induce a third person to accept it as genuine; and

(ii)  if it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the false document is a false Commonwealth document.

Penalty:  Imprisonment for 10 years.

(6)  In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7)  A person is guilty of an offence if:

(a)  the person makes a false document with the intention that the person or another will use it:

(i)  to dishonestly cause a computer, a machine or an electronic device to respond to the document as if the document were genuine; and

(ii)  if it is so responded to, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exercise of a public duty or function; and

(b)  the false document is a false Commonwealth document.

Penalty:  Imprisonment for 10 years.

(8)  In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(9)        Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1), (3), (5) or (7).

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

Going to Court? (02) 9261 8881

Related Videos

Menu

Search Our Site
enter search term and press GO

APPOINTMENT BOOKING

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating
* mandatory fields

Review Text *
Rating (optional)