Criminal Code Act. Australia

Чтение книги онлайн.

      73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats

      (1) A person (the first person) is guilty of an offence if:

      (a) the first person provides or possesses a travel or identity document; and

      (b) the first person knows that:

      (i) the issue of the travel or identity document; or

      (ii) an alteration of the travel or identity document;

      has been obtained dishonestly or by threats; and

      (c) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and

      (d) the first person provided or possessed the document:

      (i) having obtained (whether directly or indirectly) a benefit to do so; or

      (ii) with the intention of obtaining (whether directly or indirectly) a benefit.

      Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

      (2) For the purposes of subsection (1), a threat may be:

      (a) express or implied; or

      (b) conditional or unconditional.

      (3) For the purposes of subsection (1), dishonest means:

      (a) dishonest according to the standards of ordinary people; and

      (b) known by the defendant to be dishonest according to the standards of ordinary people.

      (4) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.