Forgery is more than just faking a signature — it’s a criminal offence under Australian law involving the deliberate creation, alteration, or use of false documents with the intent to deceive. This can arise in settings like financial transactions, legal paperwork, or government records.
Common acts include modifying documents, producing counterfeits, or misrepresenting someone’s identity for gain. Whether intended to obtain a benefit, cause a loss, or influence an outcome, the legal system treats these actions seriously. Penalties can include fines or imprisonment, depending on the circumstances.
This article explains what constitutes forgery, its legal definition and examples, what the police must prove in court, and the potential penalties. It also outlines legal defences and which court is likely to hear your matter. If you’re facing a forgery allegation, understanding your legal position is the first step toward building a strong defence.
What Is Forgery?
Legally, forgery refers to the act of making, altering, or using a document that is false or misleading with the intent to deceive another person or organisation. The offence does not require that the deception was successful — the intent to mislead is enough to constitute a crime under Australian law.
In New South Wales, Section 253 of the Crimes Act 1900 No 40 defines forgery as the making of a false document with the intent that it be used or acted upon as though it were genuine. This includes producing entirely fake documents, such as counterfeit identity cards, financial instruments, or legal agreements, as well as altering existing documents in a way that changes their legal meaning.
For instance, forging a signature on a loan agreement, presenting a fake driver’s licence, or modifying a will or employment contract to favour oneself are all examples of forgery. These actions are considered criminal regardless of whether the person committing the act benefited from it or not.
Forgery is also often charged alongside the offence of uttering, which involves presenting or using a forged document with the knowledge that it is false. Submitting a falsified rental application, lodging a fake medical certificate with an employer, or producing a tampered university transcript are all examples of uttering. Both forgery and uttering are separate offences, but they frequently occur together in legal proceedings.
Ultimately, the law recognises the serious consequences that forged documents can have, particularly when they are relied upon in legal, financial, or government matters, and imposes strict penalties to deter such conduct.
What Does Forging Mean in Law?
The act of forging, in legal terms, includes creating, altering, or using a document dishonestly, knowing that it is false, with the intent to cause another person to believe it is genuine. Forging is not limited to handwritten signatures — it extends to electronic records, printed certificates, official stamps, and any representation of authority or authenticity.
Examples of forgery in practice include:
- Creating a fake contract or licence to gain employment, access credit, or bypass regulatory restrictions
- Altering the terms of an agreement, such as changing dates, amounts, or names on a tenancy or financial document
- Submitting a false declaration, including statutory declarations or signed affidavits, to government agencies or courts
Under Section 488 of the Criminal Code 1899 (QLD), it is a criminal offence to forge any document with the intent to defraud, mislead, or cause harm. This section makes it clear that even unused forgeries — where the forged document was created but never submitted or acted upon — still amount to a crime if the intention was present.
What distinguishes forgery from an innocent mistake is the mental element: the person must have known the document was false and intended it to be treated as legitimate. Courts will examine the surrounding evidence — including motive, actions taken, and prior knowledge — to determine whether the forgery was deliberate and dishonest.
This provision ensures that the integrity of records and communications, particularly in business, government, and legal systems, is preserved. It also helps protect individuals from being unfairly accused when errors are genuinely unintentional.
What Is the Offence of Forgery?
The offence of forgery involves deliberate acts to mislead others using false documentation. According to Section 253 of the Crimes Act 1900 (NSW), a person who makes a false document with the intention of it being accepted as genuine is guilty of forgery.
Examples include:
- Sign forgery – faking someone’s signature on legal or financial forms
- Creating fake university transcripts or business licenses
- Altering medical records or bank documents
Even possessing or using a document known to be false may constitute uttering a separate but related offence.
Forgery offences threaten the legitimacy of systems like healthcare, education, and banking, and the law treats them accordingly.
What the Police Must Prove
To convict someone under Section 488 of the Criminal Code 1899 (QLD) or Section 253 of the Crimes Act 1900 (NSW), the prosecution must prove beyond a reasonable doubt that:
- A false document was created, altered, or knowingly used
- There was an intent to deceive or defraud
- The accused knew the document was false and intended to present it as genuine (uttering)
Even if no one was actually misled, the offence stands based on intent alone.
These protections ensure that only deliberate dishonesty leads to conviction.
Possible Defences for Forgery
Being charged with forgery does not automatically mean guilt. Several legal defences may apply, depending on the case.
One is a lack of intent. If you didn’t intend to mislead — for instance, if you believed the document was genuine — this may be a valid defence.
Another is a lack of knowledge, especially in uttering cases. If you used a forged document unknowingly, you may not be liable.
Duress or coercion can also apply if the act was committed under threat. You’ll need to show there was no reasonable way to refuse.
The document’s legal value matters, too. If it couldn’t realistically deceive anyone, it may not meet the threshold for forgery.
Every case is different. Early legal advice is essential to build an effective defence.
What Court Will Hear Your Matter?
The court that hears a forgery case in Australia depends on the seriousness of the offence, the complexity of the matter, and whether other charges are involved. While some forgery cases can be dealt with as summary offences, most are treated as indictable due to their potential impact and severity.
Less serious matters — such as isolated sign forgery incidents with minimal harm — may be heard in the Local Court or Magistrates’ Court. These courts handle simpler cases where penalties are likely to involve fines or shorter imprisonment terms.
However, if the case involves large-scale fraud, multiple forged documents, or links to organised criminal activity, it may be referred to the District Court or even the Supreme Court in serious cases. These courts deal with indictable offences and can impose harsher penalties, including long custodial sentences.
The court’s jurisdiction may also depend on whether the accused opts for a jury trial, the document’s value or significance, and whether aggravating factors are present — such as repeated offending or targeting vulnerable individuals.
No matter which court hears the case, a conviction for forgery can have lasting effects. Early legal advice is crucial. A qualified criminal defence solicitor can guide you through the court process, negotiate effectively, and pursue the best possible outcome on your behalf.
Penalties for Forgery in Australia
The penalties for forgery in Australia can be severe, reflecting the offence’s potential to undermine legal and financial systems. Punishment varies depending on the seriousness of the act, whether it involved other offences (such as fraud or identity theft), and whether the accused has any prior convictions.
In many jurisdictions, forgery is classified as an indictable offence and may carry a maximum prison sentence of 10 years or more. However, penalties can differ between states and territories, and the actual sentence imposed will depend on the facts of the case and the discretion of the court.
For example, a person convicted of signature forgery for a minor, non-commercial matter might face a lesser penalty, such as a good behaviour bond, fine, or community correction order. In contrast, large-scale use of forged documentation in financial, legal, or governmental systems can attract lengthy custodial sentences, particularly if others suffered financial or reputational harm.
When assessing penalties, the court will consider:
- The intent and motive behind the act
- The value or significance of the forged document
- Whether the document was used to deceive others (uttering)
- Any prior criminal record
- The level of harm caused
In addition to imprisonment, a conviction for forgery can have lasting consequences on employment prospects, visa eligibility, and personal reputation. It may also affect the ability to work in regulated professions, apply for loans, or travel internationally.
Given these risks, anyone facing forgery charges should seek professional legal advice without delay. The earlier a defence strategy is prepared, the better the chances of minimising or avoiding harsh penalties.
Protecting Yourself Against Forgery Allegations: Know the Law, Your Rights, and Your Legal Options
Forgery is a serious criminal offence in Australia, covering a wide range of acts — from sign forgery and document falsification to knowingly using forged documentation. Whether you’re accused of altering a legal agreement or presenting a fake document, the consequences can be life-altering. With penalties ranging from fines to long-term imprisonment, understanding your rights under the law is vital.
As outlined above, forgery charges require proof of intent and knowledge and often involve related offences such as uttering. However, defences may be available — including lack of intent, coercion, or mistaken belief. The court that hears your case depends on the offence’s severity, and outcomes can vary significantly depending on the evidence presented.
If you’re facing a forgery allegation, don’t leave your future to chance. Jenny Xu is a highly experienced criminal defence solicitor with a proven track record in fraud and forgery matters. She delivers expert legal advice, builds effective defence strategies, and advocates with precision and commitment.
Disclaimer: The above content is for general informational purposes only and should not be regarded as legal advice. The information provided may change over time. You should always seek professional advice before taking any action.
