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 Obtaining Licence by False Statements?
Obtaining Licence by False Statements is an offence under section 71 of the Road Safety Act 1986 (Vic). It criminalises dishonest conduct used to secure a Victorian driver licence or related approval, and also makes void any licence or certificate obtained through that conduct.
Key points
- Legal elements: Obtaining or attempting to obtain licence-related documents by false statement or dishonest means, or possessing such documents without lawful authority or excuse.
- Type of conduct: False declarations, misrepresentations, or use of falsified logbooks, certificates or similar documents.
- Court level: Magistrates’ Court.
The maximum penalty for Obtaining Licence by False Statements is 10 penalty units ($2,091 as at 2026-27) or imprisonment for a term of not more than 2 months.
Common defences may include factual dispute, lack of intent, honest and reasonable mistake of fact, sudden or extraordinary emergency, or the matter being statute barred.
Have you been accused of Obtaining Licence By False Statements? If yes, you should speak to one of our experienced lawyers who can give you strategic advice on how to handle this allegation.
Police Interview
Have you ever been interviewed by police? Do you understand when you can exercise your right to silence? Even if you have dealt with police before, and even if you have dealt with police many times previously, you should always speak to our criminal defence lawyers before participating in a record of interview.
Whether or not it is in your best interests to answer questions regarding an allegation of Obtaining Licence by False Statements, will always depend on your particular circumstances and the specific allegations against you. Our experienced criminal lawyers will provide you with clear advice about the best course to take in your unique situation.
The Police interview can be daunting and you may feel more comfortable to have someone there on your side. Our lawyers can attend the police station with you to make sure your rights are protected.
Pleading Not Guilty
If you are charged with a criminal offence, you do not have to prove your innocence. Police must prove the charges against you beyond reasonable doubt.
If you are pleading not guilty to a charge of Obtaining Licence by False Statements, you will require expert legal representation. Our experienced criminal lawyers will scrutinise the police brief of evidence, ensure that police have provided all relevant evidence, and assist you to obtain any additional evidence to assist in successfully defending the charge.
Pleading Guilty
Dishonesty offences are viewed very seriously by the Court.
If you are pleading guilty to Obtaining Licence by False Statements, our lawyers will ensure that the full circumstances of the offence are clearly explained to the Court, and that the Court is provided with appropriate character references and supporting materials to ensure that you receive the best possible outcome.
Which court will the case be heard in?
Obtaining licence etc. by false statements is the sort of charge regularly heard in the Magistrates’ Court.
What is the legal definition of Obtaining Licence by False Statements?
Obtaining licence etc. by false statements
A person who—
- by any false statement or any misrepresentation or other dishonest means obtains or attempts to obtain any driver licence or driver licence document, learner permit or learner permit documents, log book or registration, or the renewal of any driver licence, learner permit or registration, or any certificate under this Act or any information to which Part 7B applies; or
- without lawful authority or excuse possesses any driver licence document, learner permit document, log book or certificate so obtained—
is guilty of an offence and liable to a penalty of not more than 10 penalty units or to imprisonment for a term of not more than 2 months, and any driver licence, learner permit, log book or registration, or any certificate so obtained is void and of no effect.1
Examples of Obtaining Licence by False Statements
- A person declares that they have completed 120 hours of driving practice on their drivers license when they have not.
- In a attempt to convert an overseas license to a Victorian license it is discovered that you falsified a license from a country on the VicRoads ‘recognised country’ list such as Singapore, Spain or Italy. Licenses from countries on this list can mean you may not need to take a test when apply.
Legislation
The legislation for this offence can be found on section 71 of Road Safety Act 1986.
Elements of the offence
In essence to prove this charge the Police must show that the person obtained or attempted to obtain a licence etc. by dishonest means or that a person who possesses a licence in such a manner did so without lawful authority.
Defences
Defences to this charge can include a factual dispute, a lack of intent, or an honest and reasonable mistake of fact. The concept of beyond reasonable doubt, charges being statute barred, and sudden or extraordinary emergency may also be used depending on the circumstances surrounding the offending.
Questions in cases like this
- Were the statements false?
- Was there a genuine attempt?
Maximum penalty for section 71 of the Road Safety Act 1986
The offence of Obtaining Licence by False Statements (s71 of the Road Safety Act 1986) carries a maximum penalty of 10 penalty units ($2,091 as at 2026-27) or imprisonment for a term of not more than 2 months; and any driver licence, learner permit, log book or registration, or any certificate so obtained will be rendered void and has no effect.
FAQ about Obtaining Licence By False Statements
Is a licence obtained by false statements legally valid in Victoria?
Can you be charged for attempting to obtain a driver's licence dishonestly?
Does this offence cover false learner logbooks or driving hour records?
Is possession of a fraudulently obtained licence itself an offence?
What must be established about intent for this charge?
Can providing false information when converting an overseas licence lead to this charge?
[1] Road Safety Act 1986 (VIC) s 71
