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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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CRIMINAL CODE s. 486 157<br />

(b) If the whole or some material part of the document or writing<br />

purports to be made by or on behalf of some person who<br />

did not make it or authorise it to be made, or if, in a case<br />

when the time or place of making is material, although the<br />

document or writing is made by or by the authority of the<br />

person by whom it purports to be made, it is with a<br />

fraudulent intent falsely dated as to the time or place of<br />

making;<br />

(c) If the whole or some material part of the document or writing<br />

purports to be made by or on behalf of some person who<br />

does not, in fact, exist; or<br />

(d) If the document or writing is made in the name of an<br />

existing person, either by that person himself or by his<br />

authority, with the fraudulent intention that it should pass<br />

as being made by some person, real or fictitious, other than<br />

the person who makes it or anthorises it to be made.<br />

A seal or mark is said to be counterfeit if it is made without lawful<br />

authority, and is in such a farm as to resemble a genuine seal or mark,<br />

or, in the case of a seal, in such a form as to be capable of producing<br />

impressions resembling those produced by a genuine seal.<br />

A representation of the impression of a seal is said to be counterfeit<br />

if it is not in fact made by the seal.<br />

<strong>The</strong> term “resemble,” applied to any thing, includes the case where<br />

the thing is made to resemble, or is apparently intended to resemble, the<br />

object spoken of.<br />

6. onr of Forgery. A person who makes a false document or<br />

writing, knowing it to be false, and with intent that it may in any way<br />

be used or acted upon as genuine, whether in <strong>Queensland</strong> or elsewhere,<br />

to the prejudice of any person, or with intent that any person may, in<br />

the belief that it is genuine, be induced to do or refrain from doing any<br />

act, whether in <strong>Queensland</strong> or elsewhere, is said to forge the document<br />

or writing.<br />

A person who makes a counterfeit seal or mark, or makes an<br />

impression of a counterfeit seal knowing the seal to be counterfeit, or<br />

makes a counterfeit representation of the impression of a genuine seal, or<br />

makes without lawful authority an impression of a genuine seal, with<br />

intent in either case that the thing so made may in any way be used or<br />

acted upon as genuine, whether in <strong>Queensland</strong> or elsewhere, to the prejudice<br />

of any person, or with intent that any person may, in the belief<br />

that it is genuine, be induced to do or refrain from doing any act, whether<br />

in <strong>Queensland</strong> or elsewhere, is said to forge the seal or mark.<br />

<strong>The</strong> term “make a false document or writing” includes altering a<br />

genuine document or writing in any material part, either by erasure,<br />

obliteration, removal, or otherwise; and making any material addition to<br />

the body of a genuine document or writing; and adding to a genuine<br />

document or writing any false date, attestation, seal, or other material<br />

matter.<br />

It is immaterial in what language a forged document or writing is<br />

expressed,<br />

It is immaterial that the forger of anything forged may not have<br />

intended that any particular person should use or act upon it, or that<br />

any particular person should be prejudiced by it, or be induced to do or<br />

refrain from doing any act.<br />

F

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