Forgery of Documents and Identification Marks

– section 72 of the Road Safety Act 1986

This offence is when you either make a fake driving licence, or use a fake license. It is also when you use someone else’s’ license, or lend your driving licence to someone else.

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.
What are some of the possible defences to a charge of Forgery of Documents and Identification Marks?
  • 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 this offence is a fine of 60 penalty units or imprisonment for 6 months.

Forgery of documents and identification marks is heard in the Magistrates’ Court.

“Did you use or make a fake license?”
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.

Legislation

The section that covers this offence is section 72 of the Road Safety Act 1986.1

What can you be sentenced to for this charge?

If found guilty of this offence you are most likely going to face a fine or a Community Corrections Order. In extremely serious cases or for repeat offences you may get some months in jail.

Case studies related to the charge of Forgery of Documents and Identification Marks?

 


[1] Road Safety Act 1986 – Section 72

(1) A person is guilty of an offence if that person—
(a) forges; or
(b) fraudulently alters or uses; or
(c) fraudulently lends or allows to be used by any other person—
any notice, registration label, certificate, driver licence, learner permit or other document or any identifying number or general identification mark that is authorised by or required by or under this Act.
Penalty: 10 penalty units or imprisonment for 2 months.
(1A) A person is guilty of an offence if that person—
(a) forges; or
(b) fraudulently alters or uses; or
(c) fraudulently lends or allows to be used by any other person—
any vehicle identifier, engine identification number, identification plate, manufacturer’s build plate or any other plate, label or mark that uniquely identifies a vehicle and sets it apart from similar vehicles.
Penalty: 60 penalty units or imprisonment for 6 months.
(2) A person is guilty of an offence if that person makes, uses, knowingly has custody or possession of, sells or utters any paper or other material purporting to be a notice, registration label, certificate, driver licence, learner permit or other document or any identifying number or general identification mark that is authorised or required by or under this Act.
Penalty: 10 penalty units or imprisonment for 2 months.
(3) A person is not guilty of an offence under this section by reason only that the person makes or uses an identifying number in such circumstances as are prescribed.