Unauthorised Documents (Amendment) Act 1941 (NSW)

UNAUTHORISED DOCUMENTS

(AMENDMENT) ACT.

Act No. 38, 1941.

Geo^e VI. An Act to make further provisions to prevent

Ho. 3&, mi. misleading use of forms resembling court process; to amend the Unauthorised Documents Act, 1922; and for purposes connected therewith. [Assented to, 24th September, 1941.]

”1313 it enacted by the King’s Jlost Excellent Majesty,

by and wit’i llie advice and consent of the Legis­

lative Council and Legislative Assembly of New South

Wales in Parliament assembled, and by the authority of

the same, as follows : ~

Short title. 1. (1) This Act may he cited as the “ Unauthorised

Documents (Amendment) Act, 1941.”

(2) The Unantliorised Documents Act, 1922, as

amended by tliis Act, may be cited as the Unauthorised

Documents Act, 1922A941.

Amendment 2 , The Unauthorised Documents Act, 1922, is amended

of Act No. e,

1022,	by omitting section four and by inserting in lieu thereof
Subst. e . i k
new ee. 5 A G.	the following sections:—

Sending or	4. (1) Every person who sends or delivers to or
delivering

false	serves on or causes to be sent or delivered to or
process,	served on any other person any paper or writing
cf. Vkt.	which is not an original or a copy of a document pub­
Act, 1923,
No. 3794,	lished or issued out of or by or under the authority
E, 4.	or with the sanction of any tribunal, but which in the

opinion

Unauthorised Documents (Amendment) Act. 373

opinion of the conrt in Avhich or the judge before

38, 1941.

whom 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 sanc­ tion 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 or the judge before whom 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.

(2) Every person guilty of an offence under Nature of

this section— under this offence

(a) shall be deemed guilty of a contempt of the section

Supreme Court and may be punished accord­

and

ingly by such Court or a judge thereof in

penalties.

chambers upon the application of any

person complaining thereof; or

(b) shall be liable to a penalty of not more than fifty pounds.

(3) In any proceedings under this section if any person is named on any such paper or writing in

Evidence

of publica­

tion, etc.

such a way as to imply that he is the printer pub­ lisher 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—

Interpreta­

tion.

“ Document” includes any notice claim demand or process or any document relating to any extra-judicial remedy and whether in existence or not.

“ Tribunal” includes any court judge magistrate justice or public officer whether in or out of New South Wales and whether in existence or not.

374                 Supply Act.

No. 38, 1841.

5. Witlimit affecting any other liability of any

Penalties,

ete., in case	person nntler this Aet or otherwise, a company or
cf bodies	other body corporate shall be liable to any penalty
corporate,	or pnnishmont for any offence under this Act as if it
cf. Vkt.
Aet, 1928,	were a private person so far as such penalty or
No, 3704,	pnnishment is enforceable against a company or body
8.5,	corporate; and every director manager secretary or officer of any snch company and every member of the managing body of any snch body corporate who com­ mits or knowingly authorises or permits an offence under this Act shall also be liable to the penalty or punishment for that offence.
Other	d. Nothing in this Act shall be held to affect any been taken against any person if this Act had not Iiassed hnt no person shall be punished for the same offence under any such proceeding and under this Aet,
proceedings
not affected.	other proceeding civil or criminal which might have
Ibid, s, 8.