Section 103 — Bogus documents — offences
Text of provision
A non-citizen must not give, present, produce or provide to an officer, an authorised system, the Minister or the ART performing a function or purpose under this Act, a bogus document or cause such a document to be so given, presented, produced or provided.
Plain English
Section 103(1) creates an offence for making, using, providing, or possessing a bogus document knowing it to be bogus. Section 103(2) provides a penalty of up to 10 years' imprisonment for the most serious forms of this offence. The offence applies to both the person who uses the document and to any person who facilitates the use of bogus documents.
Practical effect
Prosecutions under s 103 are brought against: persons who use forged passports or visas; persons who manufacture fake documents; and intermediaries (migration agents, employers) who knowingly supply or transmit bogus documents. The 10-year maximum penalty reflects the seriousness with which Parliament regards document fraud in the immigration context. A conviction under s 103 also constitutes a substantial criminal record for the purposes of the character test under s 501, which can result in visa cancellation or refusal.