Forgery and false documents in NSW.

What is forgery?

Forgery under section 253 is committed by a person who makes a false document with the intention that they or another will use it to induce a person to accept it as genuine, and, because of that, to do or not do something. The purpose is usually to obtain property or a financial advantage, or to influence the exercise of a public duty.

The document does not have to be a formal legal document. A letter, a form, a receipt, an identity card, or an electronic record can be a document for these purposes. What makes it forgery is that it tells a lie about itself: it purports to be something, or to be made by someone, that it is not.

What is a false document?

A document is false, in short, where it purports to have been made or altered by a person who did not make or alter it, or on an authority that did not exist, or on a date or in terms that are not true. Signing another person's name without authority, altering a genuine document, or creating a document that pretends to come from someone else can all make it false.

The distinction the law draws is between a document that tells a lie about itself and a document that is genuine but simply contains a false statement. A true document containing a lie may be a different offence, such as fraud, but it is not forgery.

The four offences: making, using, possessing, and equipment

Section 253 covers making a false document. Section 254 covers using a false document, knowing it is false, with the same intention to induce acceptance as genuine. Section 255 covers possessing a false document with that intention. Section 256 covers making or possessing equipment or material designed or adapted for making false documents.

A single set of facts can involve more than one of these. A person who creates a fake document and then presents it may face both a making charge and a using charge. The prosecution selects the charges that fit the conduct.

What are the penalties?

Forgery under section 253, using a false document under section 254, and possessing a false document under section 255 each carry a maximum of 10 years imprisonment. The equipment offences under section 256 carry maximums of up to 10 years depending on the conduct. These are serious indictable offences.

Forgery frequently sits alongside identity offences and fraud. Where a false document is used to obtain money, a fraud charge may be laid as well. The combination shapes the seriousness of the matter.

How is a forgery charge defended?

The defence attacks the elements. Was the document actually false, or genuine? Did the accused make or use it, or was that someone else? Above all, did the accused have the intention to induce a person to accept the document as genuine and to act on it? Intention is often the real battleground.

Knowledge matters in the using and possession offences. A person who used or held a document without knowing it was false does not commit those offences. What the person knew, and when, is central, which is why advice before any police interview is important.

Frequently asked.

What is forgery in NSW?

Making a false document with the intention that it be used to induce someone to accept it as genuine and to act on it. It is an offence under section 253 of the Crimes Act 1900 (NSW).

What is the difference between forgery and fraud?

Forgery is about a document that tells a lie about itself, for example a document signed in another person's name without authority. Fraud is about dishonestly obtaining a benefit. A genuine document that contains a false statement is not forgery, though it may be fraud.

What is the maximum penalty for forgery?

Ten years imprisonment for making, using, or possessing a false document under sections 253 to 255 of the Crimes Act 1900 (NSW). The equipment offences under section 256 also carry substantial maximums.

Is signing someone else's name forgery?

It can be. Signing another person's name without authority, so that the document purports to be made or signed by them, can make the document false. With the intention to induce acceptance as genuine, that is forgery.

Do I have to know the document was false?

For the using and possession offences, yes. Sections 254 and 255 require that the person knew the document was false. A person who genuinely did not know does not commit those offences.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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