Unauthorized Documents Act 1986

Unauthorized Documents Act 1986

An Act to prohibit the printing, publication, sale, or distribution of unauthorized documents which convey the misleading impression of being authorized by a tribunal

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Unauthorized Documents Act 1986 .

2.   Commencement

(1)  This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

(2)  Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation.

3.   Interpretation

In this Act, unless the contrary intention appears –

document includes any notice, claim, demand, or process or any document relating to any extra-judicial remedy;

judicial authority means a body or authority which is established or constituted by or under an Act or under the royal prerogative which comprises a person or persons appointed by the Governor or a Minister to hear, receive, and examine evidence or to make any inquiry;

tribunal includes any court, judge, magistrate, justice, or public officer whether in or out of the State.

4.   Offence to print, &c., or distribute, &c., certain documents

(1)  [Section 4 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who –

(a) prints, publishes, or sells, or offers or exhibits for sale, or causes to be printed, published or sold, or offered or exhibited for sale;

(b) distributes, sends or delivers to, or serves on, or causes to be distributed, 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 a tribunal or judicial authority, but which in the opinion of the court before which any proceedings under this section are brought, is reasonably capable of conveying to a person the impression that the paper or writing is a document published or issued out of, or by, or under, the authority or with the sanction of any tribunal or judicial authority, is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.

(2)  For the purposes of subsection (1) , in determining whether a paper or writing is reasonably capable of conveying the impression that the 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 or judicial authority, any statement in the paper or writing to the effect that –

(a) it is not such a document or a copy of such a document; or

(b) it is not intended to convey the impression that it is such a document or a copy of such a document –

shall be disregarded unless the statement is printed in a conspicuous position on the paper or writing and in a type that is more conspicuous than any other type used in the paper or writing.

5.   Evidence of certain matters

In any proceedings for an offence under this Act –

(a) the naming of a person on any paper or writing to which that offence relates in such a way as to imply that the person is the printer, publisher, seller, distributor, or sender of such a paper or writing, is prima facie evidence that the person is the printer, publisher, seller, distributor, or sender of such a paper or writing; and

(b) an allegation that such a paper or writing 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 a tribunal or judicial authority, is prima facie evidence of the fact alleged.

6.   Penalties, &c., in case of bodies corporate

Without affecting any other liability of any person under this Act or otherwise –

(a) a company or other body corporate is 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 body corporate; and

(b) a director, manager, secretary, or officer of any such company and a member of the managing body or any such body corporate who commits or knowingly authorises or permits an offence under this Act is also liable to the penalty or punishment for that offence.

7.   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 a person shall not be punished for the same offence under any such proceedings and under this Act.