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Obtaining licence etc. by false statements
Obtaining licence etc. by false statements
What the Law states - Obtaining licence etc. by false statements
Road Safety Act 1986 - SECT 71
Obtaining licence etc. by false statements71. Obtaining licence etc. by false statements
A person who-
(a) by any false statement or any misrepresentation or other dishonest means obtains or attempts to obtain any licence, permit, log book or registration, or the renewal of any licence, permit or registration, or any certificate under this Act or any information to which section
92 applies; or
(b) without lawful authority or excuse possesses any licence, permit, log book or certificate so obtained-
is guilty of an offence.
Maximum Penalty for the charge of Obtaining licence etc. by false statements
2 months / 10 penalty units
Any licence, permit, log book or registration, or any certificate so obtained is void and of no effect.
What the Prosecution must prove - Obtaining licence etc. by false statements
1. The person obtained or attempted to obtain a licence etc. by dishonest means.
2. In relation to (b), the person unlawfully possesses a licence etc.
Possible Defences - Obtaining licence etc. by false statements
1. Factual dispute.
2. Honest and reasonable mistake of fact.
3. Lack of intent
Which court will hear the charge of Obtaining licence etc. by false statements
Magistrates' Court.
