Author: Ophelia Hollway
Practice area: driving offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Forgery of Documents and Identification Marks?
This offence under section 72 of the Road Safety Act 1986 criminalises dishonest interference with licences and related identification under Victorian road safety laws. It focuses on intentional conduct involving false, misused, or improperly shared documents that are relied on to prove identity or authority.
Key points
- Elements: Intentional creation, use, or lending of a false or improper licence or identification.
- Prohibited conduct: Forging a licence, using a forged licence, using another person’s licence, or lending a licence.
- Court: Magistrates’ Court.
The maximum penalty for Forgery of Documents and Identification Marks is a fine of 60 penalty units ($12,546.00 — as at 2026–27) or imprisonment for 6 months.
Common defences may include lack of knowledge, absence of intent, or that the licence was taken or used without permission.
Have you been accused of Forgery of Documents and Identification Marks?
Police Interview
The police will invite you to attend the police station if they believe you have Forged a Document or Identification Mark. Their motivation for interviewing you is to try to elicit admissions from you to help their case. You should speak with one of our lawyers before speaking with the police to determine if it is in your interest to make a comment.
Generally in cases like this, the police will already have the document that they will say is evidence to support the allegation against you. In those circumstances, it is crucial that you speak to a lawyer in order to understand your rights and obligations during a police interview.
Pleading Not Guilty
If you deny forging documents and identification marks, it is important that you engage a lawyer at the earliest possible opportunity, ideally before a police interview but certainly before your charges proceed to Court.
Our lawyers are experienced in analysing the police brief of evidence to determine your best possible strategy for defending your case. This may mean seeking a withdrawal of charges or being found ‘not guilty’ by a Magistrate. We work closely with you to achieve the best possible outcome in defending your case.
Pleading Guilty
Pleading guilty is your opportunity to tell the Court why you are in this position, what lead you to this point and why you should be given the lowest possible penalty. Our lawyers will take the time to understand your perspective and instructions. We will help you to gather reports, certificates and character references to ensure the Court is fully informed about your life and personal circumstances. We care about our clients and work hard to achieve the best possible outcome for pleas of guilty.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 72(1)(b) — 61 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 60.7% |
| Fine | 19.7% |
| Other | 18.0% |
| Community Correction Order | 1.6% |
The data reflects a substantial likelihood of a custodial sentence at this level, typically associated with more serious or organised conduct. The court will assess the sophistication of the offending, any financial or practical benefit obtained, prior history and personal circumstances before fixing penalty. Thorough preparation and focused advocacy are critical where imprisonment is a strong possibility.
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 72(1)(b) — 1,383 charges across 1,171 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 40.3% |
| Community Correction Order | 22.8% |
| Imprisonment | 19.7% |
| Discharge/Dismissal | 8.4% |
| Adjourned Undertaking | 8.0% |
| Other | 0.8% |
These figures demonstrate that although financial penalties are common, custody remains a real risk. The sentence imposed will depend on factors such as the intent behind the conduct, prior history and any aggravating features. Early legal advice can significantly influence both the process and the ultimate outcome.
Examples of Forgery of Documents and Identification Marks
- A boy makes fake driving licences and sells them to his friends.
- A 16 year old boy uses a fake license to get into a club.
- A 17 year old girl borrows her older sister’s license to order alcohol at a festival.
Defences
- You did not make or use a fake license.
- You did not use someone else’s license.
- You did not lend someone else your license, they took it without you knowing or it was stolen.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- Did you lend someone else your licence?
- Can they prove you made a fake licence?
Maximum penalty and court that deals with this charge
The maximum penalty for Forgery of Documents and Identification Marks (s72 of the Road Safety Act 1986) is a fine of 60 penalty units ($12,546.00 — as at 2026–27) or imprisonment for 6 months.
Forgery of documents and identification marks is heard in the Magistrates’ Court.
Legislation
The section that covers this offence is section 72 of the Road Safety Act 1986.
What is the legal definition of Forgery of Documents and Identification Marks?
This offence is when a person intentionally forges a license or similar document under the Road Safety Act. Or when a person uses or lends a forged license or similar document.
Did you use or make a fake license?
