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Written by
Shaun Pascoe
Criminal Defence Lawyer


Driving - Other Traffic Offences - VIC
Welcome to the VIC Obtaining licence by false statements article page. Everything you need to know about Obtaining licence by false statements according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Obtaining licence by false statements

According to VIC Law for the charge of Obtaining licence by false statements, A person who-

   (a)  by any false statement or any misrepresentation or other dishonest
        means obtains or attempts to obtain any licence, permit, log book or
        registration, or the renewal of any licence, permit or registration,
        or any certificate under this Act or any information to which section
        92 applies; or

   (b)  without lawful authority or excuse possesses any licence, permit, log
        book or certificate so obtained-

is guilty of an offence and liable to a penalty of not more than 10 penalty
units or to imprisonment for a term of not more than 2 months, and any
licence, permit, log book or registration, or any certificate so obtained is
void and of no effect.

The Maximum Penalty - Obtaining licence by false statements

According to VIC Law for the charge of Obtaining licence by false statements,

1. For any person who obtains through dishonest means (false statemetns, misrepresentations), a license, permit, registration, or renewal of same, or any certificate under the Road Safety Act to whic s. 92 applies. Penalty: 10 penalty units, or imprisonment for 2 months.  Any license, permit, certificate, regisration obtained through is void and of no effect.

2. Any person without lawful authority poseesses any license permit, log book or certificate, obtained through dishonest means: Penatly: 10 pnealty units, or imprisonment for 2 months.  Any license, permit certificate, regisration in posseesion of that person void and of no effect.

What the Police must prove according to VIC Law for Obtaining licence by false statements

1. That the person has license, permit, log book, registration, or has renewed same,

2. That the possession of documents, or renewal of documents through that person's own dishonest statements or misrepresentations.

3. Or that the person had no lawful authority or excuse to possess documents (license, permit, log book, registration, or renewal) by reason that they came into that person's possession by another's dishonest statements or misrepresentations.

Possible Defences under VIC Law - Obtaining licence by false statements

1. Factual dispute.

2. No dishoenst intent (mens rea)

In VIC which court will hear the matter - Obtaining licence by false statements

These offences can be heard and determined by the Magistrates Court.

Obtain license by fraud

Fraudulently obtain license or permit

Fraudulently renw registration, license, permit

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