Commonwealth Consolidated Acts

FOREIGN PASSPORTS (LAW ENFORCEMENT AND SECURITY) ACT 2005 - SECT 22

  (1)   A person commits an offence if:

  (a)   the person has possession or control of a document; and

  (b)   the person knows that the document is a false foreign travel document.

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

  (2)   A person commits an offence if:

  (a)   the person:

  (i)   makes a false foreign travel document; or

  (ii)   provides a false foreign travel document to another person; and

  (b)   the person does so with the intention that the false foreign travel document may be used, acted on or accepted as if it were a passport or document of identity issued by or on behalf of the government of a foreign country.

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

  (3)   Subsections   (1) and (2) do not apply if the person has a reasonable excuse.

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

  (4)   In this section:

"false foreign travel document" :

  (a)   means a document:

  (i)   that purports to be a passport issued by or on behalf of the government of a foreign country but that was not issued by or on behalf of that government; or

  (ii)   that purports to be a document of identity issued for travel purposes by or on behalf of the government of a foreign country for the purposes of travel but that was not issued by or on behalf of that government; and

  (b)   includes a foreign travel document that has been altered by a person who is not authorised to alter that foreign travel document.

"make" , in relation to a false foreign travel document, includes alter a document so as to make it a false document (whether or not it was already a false document before the alteration).