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Forgery & false documents

Forgery is making or changing a document to pass it off as real — a fake ID, an altered certificate, a forged signature or cheque. "Using a false document" is the partner offence: presenting that fake as genuine to get something or mislead someone. There are really three ways to be charged here: making the fake, using it — or, surprisingly, just having it. Possessing a forged document, even if you never use it, can be enough.

The whole idea in one picture

Make it, use it — or just hold it

It centres on one fake document — and the law catches it at every stage, from the moment it's made to simply being found with it.

1 · Forged made or altered 2 · Used passed off as real 3 · Possessed even if unused $ 4 · Penalties fines to years in jail

What counts as forgery

There are two linked offences here — making the fake, and using it. Common examples:

Common examples

  • A fake driver's licence or passport
  • Altering a medical or financial certificate
  • Forging a will, signature, or cheque
  • False employment or visa documents
  • A fraudulent Centrelink or tax form

The two offences

  • Forgery — making, altering or copying a document to deceive
  • Using a false document — presenting it as genuine, knowing it's fake
  • Both need an intent to deceive or gain a benefit
Just having it can be enough: in most states, possessing a forged document with intent to deceive is an offence on its own — you don't have to have used it, or gained anything from it, to be charged.

How a charge usually starts

Forgery tends to surface when a document is checked against the real thing:

Who investigates

  • Police, cybercrime or fraud units
  • Centrelink, the ATO, NDIS or immigration
  • Banks or insurers spotting irregularities
  • Whistleblowers, audits or digital forensics

The evidence

  • The forged document itself
  • Device or printer logs
  • Surveillance or digital footprints
  • Statements from the people misled

What happens at court

The court level depends on the document and how much was at stake:

  1. Minor or first-time matters stay in the local or magistrates' court.
  2. Complex or high-value matters go to a higher court.
  3. The steps run from first appearance and plea, through the prosecution's evidence, to a hearing or trial.
  4. Sentencing turns on the type of document, the planning, and whether it caused a loss or gain.
Choose your state

Penalties where you are

New South Wales

NSW
Most serious cases — top of the scale
Up to 10 years in jail

Covers both forgery and using a false document as genuine.

Read this as a ceiling, not a forecast. The kind of document matters a lot — faking a government ID or a cheque sits at the serious end, while a minor, one-off document with no loss is treated far more lightly.
What raises it

Which court

Common defences

Forgery turns on whether you knew the document was false and meant to deceive, so defences focus there:

You didn't know it was false

No intent to deceive — you thought it was genuine.

Genuine mistake

You honestly believed the document was legitimate.

You never used it

You didn't present or rely on the document.

Duress

You were pressured or forced to make or use it.

Charged over a false document? Talk to a lawyer.

Whether you knew a document was false — and whether you ever used it — can decide the case. We can point you to lawyers in your state.

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This is general information, not legal advice

This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, aimed at the most serious cases. If you're under investigation or charged, talk to a criminal lawyer before answering questions.

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While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a criminal lawyer.