Version No. 023
Unauthorized Documents Act 1958
No. 6403 of 1958
Version incorporating amendments as at
25 October 2012
TABLE OF PROVISIONS
Section
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2
3
4
5
6
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Short title and commencement
Repeal and savings
Improper use of Royal Arms etc. an offence
Sending or delivering etc. false process an offence
Penalties etc. in case of bodies corporate
Short form for charge for offences under section 3
Recovery of penalties
Other proceedings not affected
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SCHEDULE—Repeal
Page
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1
2
3
4
5
5
5
6
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ENDNOTES
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1. General Information
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2. Table of Amendments
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3. Explanatory Details
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i
Version No. 023
Unauthorized Documents Act 1958
No. 6403 of 1958
Version incorporating amendments as at
25 October 2012
An Act to consolidate the Law relating to the Unauthorized Use
of the Royal or other Arms and to the Issue of False or
Misleading Process and other Documents.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1 Short title and commencement
This Act may be cited as the Unauthorized
Documents Act 1958, and shall come into
operation on a day to be fixed by proclamation of
the Governor in Council published in the
Government Gazette.
2 Repeal and savings
(1) The Act mentioned in the Schedule to this Act to
the extent thereby expressed to be repealed is
hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under the repealed
Act or existing or continuing thereunder
immediately before the commencement of
this Act shall under and subject to this Act
continue to have the same status operation
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Unauthorized Documents Act 1958
No. 6403 of 1958
s. 3
and effect as they respectively would have
had if such Act had not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph such
repeal shall not disturb the continuity of
status operation or effect of any authority
sanction information proceeding liability or
right issued granted given laid accrued
incurred or acquired or existing or
continuing by or under such repealed Act
before the commencement of this Act.
No. 3794 s. 3.
S. 3
amended by
Nos 7315
s. 5(1), 9554
s. 2(2)(Sch. 2
item 351).
3 Improper use of Royal Arms etc. an offence
Every person who directly or indirectly without
the previous written authority (proof whereof shall
lie upon the person accused) of the Queen, or of
any member of the Royal Family, or of any
Government Department in the United Kingdom
of Great Britain and Northern Ireland, or of the
Governor-General or Governor or other the person
administering the Government of any part of the
Queen's Dominions (exclusive of the United
Kingdom), or of any Government Department in
any such part of the Queen's Dominions, or
without the authority of any Act of Parliament or
Ordinance in force in any part of the Queen's
Dominions inclusive of the United Kingdom—
(a) prints publishes or distributes or sends or
delivers to or serves on any person; or
(b) causes to be printed published or distributed
or sent or delivered to or served on any
person—
any written or printed matter whatsoever in or
upon which the Royal Arms or the Arms of any
part of the Queen's Dominions, or Arms so nearly
resembling the Royal Arms or the Arms of any
part of the Queen's Dominions as to be likely to
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Unauthorized Documents Act 1958
No. 6403 of 1958
s. 4
deceive, appear in such a manner as to be likely to
lead other persons to believe that permission has
been duly given by or under such authority as
aforesaid to use such Arms in or upon such
written or printed matter shall be liable to a
penalty not exceeding 10 penalty units.
4 Sending or delivering etc. false process an offence
(1) Every person who sends or delivers to or serves
on or causes to be sent or delivered to or served on
any other person any paper or writing which is not
an original or a copy of a document published or
issued out of or by or under the authority or with
the sanction of any tribunal but which in the
opinion of the court in which any proceedings
under this section are brought is likely or intended
to convey to such other person the impression that
such paper or writing is an original or a copy of a
document published or issued out of or by or
under the authority or with the sanction of any
tribunal shall be guilty of an offence and every
person who prints publishes or sells or offers or
exhibits for sale or causes to be printed published
or sold or offered or exhibited for sale any paper
or writing which is not an original or a copy of a
document published or issued as aforesaid but
which in the opinion of the court in which any
proceedings under this section are brought is
likely or intended to convey to any person
whomsoever the impression that such paper or
writing is such an original or copy shall be guilty
of an offence.
3
No. 3794 s. 4.
S. 4(1)
amended by
No. 57/1989
s. 3(Sch.
item 204.1).
Unauthorized Documents Act 1958
No. 6403 of 1958
s. 5
(2) Every person guilty of an offence under this
section—
S. 4(2)(a)
amended by
No. 110/1986
s. 140(2)
(Sch.).
(a) shall be deemed guilty of a contempt of the
Supreme Court and may be punished
accordingly by such Court upon the
application of any person complaining
thereof; or
S. 4(2)(b)
amended by
Nos 7315
s. 5(1), 9554
s. 2(2)(Sch. 2
item 352).
(b) shall be liable to a penalty of not less than
1 penalty unit nor more than 10 penalty
units.
(3) In any proceedings under this section if any
person is named on any such paper or writing in
such a way as to imply that he is the printer
publisher seller or sender of the same such person
shall prima facie be deemed to be the person who
printed published sold or sent such paper or
writing.
(4) In this section unless inconsistent with the context
or subject-matter—
document includes any notice claim demand or
process or any document relating to any
extra-judicial remedy and whether in
existence or not;
S. 4(4) def. of
Tribunal
amended by
No. 57/1989
s. 3(Sch.
item 204.2).
No. 3794 s. 5.
Tribunal includes any court judge magistrate or
public officer whether in or out of Victoria
and whether in existence or not.
5 Penalties etc. in case of bodies corporate
Without affecting any other liability of any person
under this Act or otherwise, a company or other
body corporate shall be liable to any penalty or
punishment for any offence under this Act as if it
were a private person so far as such penalty or
punishment is enforceable against a company or
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Unauthorized Documents Act 1958
No. 6403 of 1958
s. 6
body corporate; and every director manager
secretary or officer of any such company and
every member of the managing body of any such
body corporate who commits or knowingly
authorizes or permits an offence under this Act
shall also be liable to the penalty or punishment
for that offence.
6 Short form for charge for offences under section 3
In a charge for an offence under section three of
this Act it shall be sufficient to set forth that the
act was done without due authority instead of
setting forth in the words of that section that the
act was done without the authority or sanction
therein referred to.
No. 3794 s. 6.
S. 6
amended by
No. 57/1989
s. 3(Sch.
item 204.3).
No. 3794 s. 7.
7 Recovery of penalties
Any penalty imposed by this Act may be
recovered by any person who with the authority in
writing of a law officer sues for the same.
8 Other proceedings not affected
Nothing in this Act shall be held to affect any
other proceeding civil or criminal which might
have been taken against any person if this Act had
not passed but no person shall be punished for the
same offence under any such proceeding and
under this Act.
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No. 3794 s. 8.
Unauthorized Documents Act 1958
No. 6403 of 1958
Sch.
SCHEDULE
Number
of Act
Title of Act
Extent of Repeal
3794
Unauthorized Documents Act 1928
The whole
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Unauthorized Documents Act 1958
No. 6403 of 1958
Endnotes
ENDNOTES
1. General Information
The Unauthorized Documents Act 1958 was assented to on 30 September
1958 and came into operation on 1 April 1959: Government Gazette
18 March 1959 page 893.
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Unauthorized Documents Act 1958
No. 6403 of 1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Unauthorized
Documents Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Decimal Currency Act 1965, No. 7315/1965
Assent Date:
30.11.65
Commencement Date:
14.2.66: appointed day
Current State:
All of Act in operation
Penalties and Sentences Act 1981, No. 9554/1981
Assent Date:
19.5.81
Commencement Date:
S. 2(2)(Sch. 2 items 351, 352) on 1.9.81: Government
Gazette 26.8.81 p. 2799
Current State:
This information relates only to the provision/s
amending the Unauthorized Documents Act 1958
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
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Unauthorized Documents Act 1958
No. 6403 of 1958
Endnotes
3. Explanatory Details
No entries at date of publication.
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