Criminal Code Act 1983

(b) the device, material or other thing is designed or adapted to make a false document and the person has knowledge of that circumstance; and

(c) the person engages in the conduct mentioned in paragraph (a) with the intention:

(i) to use the device, material or other thing to commit an offence against section 253; or

(ii) for another person to use the device, material or other thing to commit an offence against section 253.

Maximum penalty: Imprisonment for 7 years.

(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(a).

(a) the person intentionally possesses a device, material or other thing; and

(b) the device, material or other thing is designed or adapted to make a false document and the person has knowledge of that circumstance.

Maximum penalty: Imprisonment for 2 years.

(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.

Note for section 257

The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).