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AUSTRALIAN PASSPORTS ACT 2005 - SECT 31

Producing false or misleading documents in relation to Australian travel documents

  (1)   A person commits an offence if:

  (a)   the person produces a document to another person; and

  (b)   the document is false or misleading; and

  (c)   the document is produced in, or in connection with:

  (i)   an application for an Australian travel document; or

  (ii)   an Australian travel document.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

  (2)   Subsection   (1) does not apply if the document is not false or misleading in a material particular.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (3)   Subsection   (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate):

  (a)   stating that the document is, to the knowledge of the first - mentioned person, false or misleading in a material particular; and

  (b)   setting out, or referring to, the material particular in which the document is, to the knowledge of the first - mentioned person, false or misleading.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (3). See subsection   13.3(3) of the Criminal Code .


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