Part 5 Forgery and false instrument offences
250 Forging and uttering defined
For the purposes of this Act:Forging means the counterfeiting, or altering in any particular, by whatsoever means effected, with intent to defraud, of an instrument, or document, or of some signature, or other matter, or thing, or of any attestation, or signature of a witness, whether by law required or not to any instrument, document, or matter, the forging of which is punishable under this Act.
Utter, or uttering, wherever used herein with respect to any forged instrument, document, signature, matter, or thing, or any instrument, document, or matter with a forged attestation or signature of a witness thereto, means that the person uttered, offered, disposed of, or put off, the same with intent to defraud, knowing it to be forged.
251 Uttering to be offence of same degree and subject to same punishment as forging
The uttering of any forged instrument, document, signature, matter, or thing, or of any instrument, document, or matter with a forged attestation or signature of a witness thereto, whether in any such case the same was made, or purports to have been made, in or out of New South Wales, shall, wherever the forging of the same is punishable under this Act, be an offence of the same degree, and punishable in the same manner as such forgery.
Whosoever:forges any of Her Majesty’s seals, or the seal of New South Wales, or of any British Colony, or the impression of any such seal, or
utters any instrument, having thereon, or affixed thereto, the impression of any such forged seal, or any forged impression made, or apparently intended, to resemble the impression of any such seal, or
shall be liable to penal servitude for fourteen years.forges any instrument having any such impression thereon, or affixed thereto,
Forgery of Acts, Proclamations, &c
Whosoever:prints any copy of any Act, or of any proclamation or commission issued by the Governor, which copy falsely purports to have been printed by the Government Printer, or
shall be liable to penal servitude for fourteen years.tenders in evidence any such copy knowing the same was not printed by the Government Printer,
Forgery of India bonds, Exchequer bills, &c
260 East India bonds, Exchequer bills, or debentures etc
Whosoever forges, or utters, any East India bond, or any bond, debenture, or security made under the authority of any Act relating to the East Indies, or any indorsement on, or assignment of, any such bond, debenture, or security, or any Exchequer bill, bond, or debenture, or any indorsement on, or assignment of, any such bill, bond, or debenture, or any Treasury bill, or debenture of the Government of New South Wales, or receipt, or certificate for interest accruing thereon, shall be liable to penal servitude for fourteen years.
Forgery, &c, of, or engraving plate, &c, for, bank notes, &c
265 Forging etc a bank note etc
Whosoever:forges, or utters, any note, or bill of exchange, of any company or person carrying on the business of banking, whether in New South Wales or elsewhere, commonly called a bank note, bank bill of exchange, or bank post bill, or any indorsement on, or assignment of, any such note or bill, or
shall be liable to penal servitude for fourteen years.for any unlawful purpose, or without lawful authority or excuse, purchases or receives from any person, or has in his possession, any such forged bank note, bank bill of exchange, or bank post bill, knowing the same to be forged,
266 Engraving or having any plate etc for making bank notes or paper
Whosoever, for any unlawful purpose, or without lawful authority or excuse,engraves, or makes, upon any material, any words or writing purporting to be a bank note, bank bill of exchange, or bank post bill, of any company or person carrying on the business of banking in New South Wales, or elsewhere, or to be part of any such instrument, or any name, word, or character, resembling or apparently intended to resemble any subscription to any such instrument, issued by any such company or person, or
uses any material, or implement, or device, for making or printing any such instrument, or any part thereof, or
knowingly has in his possession any such material, or any such implement or device, or
shall be liable to penal servitude for fourteen years.knowingly offers, utters, disposes of, or puts off, or has in his possession, any paper, upon which any such instrument, or any part thereof, or any name, word, or character, resembling or apparently intended to resemble any such subscription as aforesaid, is made or printed,
267 Engraving etc any part of a bank note etc
Whosoever, for any unlawful purpose, or without lawful authority or excuse,engraves, or makes upon any material any word, number, figure, device, character, or ornament, the impression taken from which resembles, or apparently is intended to resemble, any part of a bank note, bank bill of exchange, or bank post bill, of any company or person carrying on the business of banking in New South Wales or elsewhere, or
uses, or knowingly has in his possession, any such material, or instrument, or device, for impressing upon paper or other material any word, number, figure, character, or ornament, which resembles or apparently is intended to resemble any part of any such note, or bill, or
shall be liable to penal servitude for fourteen years.knowingly offers, utters, disposes of, or puts off, or has in his possession, any paper or other material, upon which there is an impression of any such matter as aforesaid,
Every instrument in blank, which in a complete state would be a bank note, bank bill of exchange, or bank post bill, shall be within sections 266 and 267.
269 Having moulds for paper with the name of any banker
Whosoever, for any unlawful purpose, or without lawful authority or excuse,makes or uses, any frame, mould, or instrument for the manufacture of paper, with the name or firm of any company or person carrying on the business of banking in New South Wales or elsewhere appearing visible in the substance of the paper, or knowingly has in his possession any such frame, mould, or instrument, or
shall be liable to penal servitude for fourteen years.makes, uses, sells, exposes for sale, utters, or disposes of, or knowingly has in his possession, any paper, in the substance of which the name or firm of any such company or person appears visible, or by any art or contrivance causes the name or firm of any such company or person to appear visible in the substance of the paper upon which the same is written or printed,
270 Engraving plates for foreign bills or notes
Whosoever, for any unlawful purpose, or without lawful authority or excuse,engraves, or makes upon any material, any bill of exchange, promissory-note, undertaking, or order for payment of money, or any part of any such instrument, in whatsoever language the same is expressed, and whether the same is under seal or not, or intended to be under seal, purporting to be the bill, note, undertaking, or order, or part of the bill, note, undertaking, or order of a foreign prince or State, or any body corporate, or body of the like nature, or person or company of persons, in any country not under the dominion of Her Majesty, or
uses, or knowingly has in his possession any material upon which any such foreign bill, note, undertaking, or order, or any part thereof, is engraved, or made, or
shall be liable to penal servitude for fourteen years.knowingly offers, utters, disposes of, or puts off, or has in his possession, any paper upon which any part of any such instrument is made or printed,
Whosoever forges, or utters, any will, testament, codicil, or testamentary instrument shall be liable to penal servitude for fourteen years.
278 Forging signature of Supreme Court Judge to decree etc or tendering same in evidence with forged signature
Whosoever:forges the signature of any Judge of the Supreme Court purporting to be attached or appended to any decree, order, certificate, or other official, or judicial document, or
shall be liable to penal servitude for fourteen years.tenders in evidence any such decree, order, certificate, or document, as aforesaid, with a false or counterfeit signature of any such Judge thereto, knowing the same to be false or counterfeit,
Forgery, &c, of instruments of evidence
285 Forgery of signature to copies etc admissible in evidence of decrees etc
Whosoever, where any copy of any judgment, decree, rule, or order filed or recorded in the Supreme Court at Sydney, or formerly filed or recorded in the Supreme Court of New South Wales for the district of Port Phillip, is admissible in evidence when certified under the hand of the proper officer of such Court,forges the signature of such officer to any such copy, or
shall be liable to penal servitude for fourteen years.tenders in evidence any such copy with a false or counterfeit signature thereto, knowing the same to be false,
289 Forgery of seal etc on public documents etc and copies admissible in evidence
Whosoever, where any certificate, or official, or public document, or any document or proceeding of any corporation, or joint stock or other company, now or hereafter to be established, or any certified copy of any document, or by-law, or entry in any register or other book, or of any other proceeding, is admissible in evidence under any Act, now or hereafter in force, when purporting to be sealed or stamped and signed as directed by the Act under which the same is so admissible,forges the seal, stamp, or signature appended to any such certificate, or document, or proceeding, or to any such certified copy, as aforesaid, or
shall be liable to penal servitude for fourteen years.tenders in evidence any such certificate, or document, or proceeding, or any such certified copy, as aforesaid, with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit,
291 Forging etc certificate issued by officer outside New South Wales
Whosoever, where a certificate of the birth, marriage, or death, of any person in any part of the British dominions other than New South Wales, is admissible in evidence when purporting to be issued by the officer authorised by the law in that behalf of such part of the said dominions,forges, or utters any such certificate, or
shall be liable to penal servitude for fourteen years.tenders, or causes to be tendered, in evidence any such certificate, knowing the same to be forged,
Falsifying entries of births, deaths, &c
296 Falsifying entries of births etc or giving false certificates
Whosoever:unlawfully destroys, defaces, or injures, any register of births, marriages, deaths, or burials, now or hereafter by law required to be kept, or any certified copy of any such register, or
forges, or fraudulently obliterates, or alters in any such register or copy, any entry relating to any birth, marriage, death, or burial, or fraudulently inserts in any such register or copy any false entry, or matter relating to any such matter, or
fraudulently gives any false certificate relating to any birth, marriage, death, or burial, or certifies any writing to be a copy, or extract from, any such register, knowing such writing or the entry to which it relates to be false, or
forges, or utters, the signature, or any seal, or stamp, of or belonging to, or used by, the Registrar-General or any local, district or other registrar, or
shall be liable to penal servitude for fourteen years.causes, or knowingly permits, the doing of any such act as aforesaid,
297 Making false entries in copies sent to registrar
Whosoever:wilfully inserts, in any copy of any register required by law to be transmitted to a registrar, any false entry or matter relating to any birth, marriage, or burial, or
forges, or utters, any copy of any such register, or wilfully signs, or verifies, any copy of any such register, which copy is false in any part, knowing the same to be false, or
forges, or unlawfully destroys, defaces, or injures, or for any fraudulent purpose takes from its place of deposit, or conceals, any such register or copy, or
shall be liable to penal servitude for fourteen years.causes, or knowingly permits, the doing of any such act as aforesaid,
Obtaining or demanding property on forged instruments
298 Demanding property on forged instruments
Whosoever, with intent to defraud, obtains, or demands, or causes to be delivered, or paid to any person, or endeavours to obtain, or cause to be delivered, or paid to any person, any property, upon or by virtue of any forged instrument, knowing the same to be forged, or upon or by virtue of any probate, or letters of administration, knowing the will, codicil, or testamentary writing, on which the same was, or were, obtained, to have been forged, or such probate, or letters, to have been obtained by any false oath or affirmation, shall be liable to penal servitude for fourteen years.
(1) In this Chapter:instrument means:
(a) any document, whether of a formal or informal character, or(b) a card by means of which property or credit can be obtained, or(c) a disc, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means.(2) For the purposes of this Chapter, an instrument is false if it purports:(a) to have been made in the form in which it is made by a person who did not in fact make it in that form, or(b) to have been made in the form in which it is made on the authority of a person who did not in fact authorise its making in that form, or(c) to have been made in the terms in which it is made by a person who did not in fact make it in those terms, or(d) to have been made in the terms in which it is made on the authority of a person who did not in fact authorise its making in those terms, or(e) to have been altered in any respect by a person who did not in fact alter it in that respect, or(f) to have been altered in any respect on the authority of a person who did not in fact authorise the alteration in that respect, or(g) to have been made or altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered, or(h) to have been made or altered by an existing person who did not in fact exist.
300 Making or using false instruments
(1) A person who makes a false instrument, with the intention that he or she, or another person, will use it to induce another person:(a) to accept the instrument as genuine, and(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,is liable to penal servitude for 10 years.(2) A person who uses an instrument which is, and which the person knows to be, false, with the intention of inducing another person:(a) to accept the instrument as genuine, and(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,is liable to penal servitude for 10 years.
301 Making or using copies of false instruments
(1) A person who makes a copy of an instrument which is, and which the person knows to be, a false instrument, with the intention that he or she, or another person, will use it to induce another person:(a) to accept the copy as a copy of a genuine instrument, and(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,is liable to penal servitude for 10 years.(2) A person who uses a copy of an instrument which is, and which he or she knows to be a false instrument, with the intention of inducing another person:(a) to accept the copy as a copy of a genuine instrument, and(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,is liable to penal servitude for 10 years.
302 Custody of false instruments etc
A person who has in his or her custody, or under his or her control, an instrument which is false, and which he or she knows to be false, with the intention that the person or another person will use it to induce another person:(a) to accept the instrument as genuine, and(b) because of that acceptance, to do or not do some act to that other person’s, or to another person’s, prejudice,is liable to penal servitude for 10 years.
303 Response of machine to false instrument etc
(1) In this Chapter, a reference to inducing a person to accept:(a) a false instrument as genuine, or(b) a copy of a false instrument as a copy of a genuine instrument,includes a reference to causing a machine to respond to the instrument or copy as if it were a genuine instrument or a copy of a genuine instrument.(2) If:(a) a machine responds to an instrument or copy in that way, and(b) the act or omission intended to be caused by the response is an act or omission that would be (if it were an act or omission of a person) to a person’s prejudice,the act or omission intended to be caused by the machine’s so responding shall, for the purposes of this Chapter, be taken to be an act or omission to a person’s prejudice.
304 When a false instrument is made
For the purposes of this Chapter, a person is to be treated as making a false instrument if the person alters an instrument so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).
305 When an act or omission is prejudicial
For the purposes of this Chapter, an act or omission is to a person’s prejudice if, and only if, it is one that (if it occurs):(a) will result:(i) in the person’s temporary or permanent loss of property, or(ii) in the person’s being deprived of an opportunity to earn remuneration or greater remuneration, or(iii) in the person’s being deprived of an opportunity to obtain a financial advantage otherwise than by way of remuneration, or(b) will result in any person being given an opportunity:(i) to earn remuneration or greater remuneration from the first-mentioned person, or(ii) to obtain a financial advantage from the first-mentioned person otherwise than by way of remuneration, or(c) will be the result of the person’s having accepted a false instrument as genuine, or a copy of a false instrument as a copy of a genuine one, in connection with the person’s performance of a duty.
306 Intention to induce may be general
In proceedings for an offence against this Chapter, if it is necessary to allege an intent to induce a person to accept:(a) a false instrument as genuine, or(b) a copy of a false instrument as a copy of a genuine one,it is not necessary to allege that the accused intended so to induce a particular person.
307 Abolition of common law offence
The offence of forgery at common law is abolished for all purposes not relating to offences committed before the commencement of this Chapter (as inserted by the Crimes (Computers and Forgery) Amendment Act 1989).