in relation to an application made under this Act or the rules for registration or the cancellation of the registration of a vehicle, the grant of any approval, permit or licence to the person or any other person, or for the purpose of preventing the grant or variation of any approval, permit or licence or of procuring the imposition of any condition or limitation in relation to any approval, permit or licence, makes or causes to be made any statement or declaration which is false or in any material respect misleading;
(b)
furnishes or causes to be furnished any particulars in connection with a change of the registration of any vehicle which to the person’s knowledge are false or in any material respect misleading; or
(c)
makes or causes to be made any entry in a record, register or other document required to be kept under this Act and the rules which to the person’s knowledge is false or in any material respect misleading,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[4/2006; 10/2017]
(2) If any person —
(a)
forges or alters or defaces or mutilates or uses or lends to, or allows to be used by, any other person, any mark, plate or document which is required under this Act to be carried on a vehicle or trailer, or any licence issued under this Act;
(b)
makes or has in the person’s possession any mark, plate or document so closely resembling a licence or any mark, plate or document as aforesaid as to be calculated to deceive;
(c)
alters any entry made in a record, register or other document kept under this Act or the rules;
(d)
exhibits upon any vehicle or trailer any licence or identification mark, plate or document which has been forged, altered, defaced, mutilated or added to or any colourable imitation of a licence, mark, plate or document which is required under this Act to be carried on a vehicle or trailer;
(e)
transfers or affixes to any vehicle or trailer for which it was not issued any licence, identification mark, plate or document which is required under this Act to be carried on a vehicle or trailer; or
(f)
uses any forged, altered, defaced or mutilated driving licence or any driving licence to which any addition not authorised by this Act has been made,
the person shall, unless the person establishes to the satisfaction of the court that the person acted without intent to deceive, be guilty of an offence and shall be liable on conviction to be punished as follows:
(g)
in the case of a person who is convicted for the first time of an offence under subsection (2)(a) or (d) in connection with the alteration of a supplementary licence issued under section 11A — with a fine not exceeding $10,000;
(h)
in the case of a person who is convicted of a second or subsequent offence under subsection (2)(a) or (d) in connection with the alteration of a supplementary licence issued under section 11A — with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both;
(i)
in any other case — with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 12 months or with both.
[4/2006; 10/2017]
(3) Despite the provisions of any written law to the contrary, a District Court or Magistrate’s Court has jurisdiction to try any offence under this section and to impose the maximum penalty prescribed therefor.
(4) Subsection (2), with the necessary modifications, applies in relation to a document evidencing the appointment of an officer for the purposes of this Act as it applies in relation to a licence.
(5) If any police officer or the Registrar or officer authorised by the Registrar in writing has reasonable cause to believe that a document carried on a motor vehicle or any licence or record or other document produced to him or her pursuant to the provisions of this Act is a document in relation to which an offence under this section has been committed, he or she may seize the document.
(6) When any document is seized under this section, the driver or the owner of the vehicle must, if the document is still detained and neither of them has previously been charged with an offence under this section, be summoned before a District Court or Magistrate’s Court to account for the driver’s or owner’s possession of or the presence on the vehicle of the document.
(7) The District Court or Magistrate’s Court is to make such order respecting the disposal of the document and award such costs as the justice of the case may require.
(8) In subsections (5), (6) and (7), “document” includes a plate and the power to seize includes power to detach from the vehicle.