South Australian Current Acts South Australian Current Acts140—Dishonest dealings with documents
(1) For the purposes
of this section, a document is "false" if the document gives a misleading
impression about—
(a) the
nature, validity or effect of the document; or
(b) any
fact (such as, for example, the identity, capacity or official position of an
apparent signatory to the document) on which its validity or effect may be
dependent; or
(c) the
existence or terms of a transaction to which the document appears to relate.
(2) A document that is
a true copy of a document that is false under the criteria prescribed by
subsection (1) is also false.
(3) A person engages
in conduct to which this section applies if the person—
(a)
creates a document that is false; or
(b)
falsifies a document; or
(c) has
possession of a document knowing it to be false; or
(d)
produces, publishes or uses a document knowing it to be false; or
(e)
destroys, conceals or suppresses a document.
(4) A person is guilty
of an offence if the person dishonestly engages in conduct to which this
section applies intending—
(a) one
of the following:
(i)
to deceive another, or people generally, or to facilitate
deception of another, or people generally, by someone else;
(ii)
to exploit the ignorance of another, or the ignorance of
people generally, about the true state of affairs;
(iii)
to manipulate a machine or to facilitate manipulation of
a machine by someone else; and
(b) by
that means—
(i)
to benefit him/herself or another; or
(ii)
to cause a detriment to another.
Maximum penalty:
(a) for
a basic offence—imprisonment for 10 years;
(b) for
an aggravated offence—imprisonment for 15 years.
(5) A person cannot be
convicted of an offence against subsection (4) on the basis that the
person has concealed or suppressed a document unless it is established
that—
(a) the
person has taken some positive step to conceal or suppress the document; or
(b) the
person was under a duty to reveal the existence of the document and failed to
comply with that duty; or
(c) the
person, knowing of the existence of the document, has responded dishonestly to
inquiries directed at finding out whether the document, or a document of the
relevant kind, exists.
(6) A person who has,
in his or her possession, without lawful excuse, any article for creating a
false document or for falsifying a document is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.