{"id":"unauthorised-documents-act-1916","name":"Unauthorised Documents Act 1916","slug":"unauthorised-documents-act-1916","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110599,"registerId":"sa-unauthorised-documents-act-1916-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Unauthorised Documents Act 1916","content":"South Australia\nUnauthorised Documents Act 1916\nAn Act to prohibit the printing, publication, sale, or use of documents pretended to be official, and for purposes incidental thereto.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tImproper use of Royal Arms etc an offence\n3A\tState Badge and other emblems of the State\n3B\tUse of State commercial emblems\n4\tPersons printing, publishing, selling, or using pretended official document guilty of an offence\n5\tNo proceedings without consent of Attorney-General\n6\tOther proceedings not affected\n7\tOnus of proof of certain facts\n8\tPenalty\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Unauthorised Documents Act 1916.\n2—Interpretation\nIn this Act the term—\ndocument includes—\n\t(a)\tany legal notice, statement of claim, demand, or process; and\n\t(b)\tany document used in enforcing a distress for rent or other extrajudicial remedy; and\n\t(c)\tany copy of any document.\n3—Improper use of Royal Arms etc an offence\nEvery person who, directly or indirectly, without the previous written authority of the King or a member of the Royal Family, or of the person for the time being in charge of any department of the Government of the United Kingdom of Great Britain and Ireland, or of the Governor-General or Governor or other the person administering the Government of any part of the King's dominions (exclusive of the United Kingdom), or of the person for the time being in charge of any department of the Government of any such part of the King's dominions, or without the authority of an Act of Parliament in force in the said State—\n\t(a)\tprints or publishes, or causes to be printed or published, or\n\t(b)\tsends or delivers to or serves on, or causes to be sent or delivered to or served on, any person,\nany written or printed matter whatsoever in or upon which the Royal Arms or the Arms of any part of the King's dominions, or any token or insignia so nearly resembling the Royal Arms or the Arms of any part of the King's dominions as to be capable of being readily mistaken for the same, appear in such a manner as, in the opinion of the special magistrate or justices hearing the case, to be likely to lead other persons to believe that permission has been duly given to use such Arms in or upon such written or printed matter, or that such use of such Arms has official significance, shall be guilty of an offence against this Act.\n3A—State Badge and other emblems of the State\n\t(1)\tAny person who, without the permission of the Minister—\n\t(a)\tprints, publishes or manufactures; or\n\t(b)\tcauses to be printed, published or manufactured,\nany document, material or object incorporating, depicting or in the form of, a prescribed emblem—\n\t(c)\tfor any commercial purpose; and\n\t(d)\tin such a manner as to suggest that the document, material or object has official significance,\nshall be guilty of an offence.\n\t(2)\tIn this section—\nprescribed emblem means an emblem declared by regulation to be—\n\t(a)\ta State Badge; or\n\t(b)\tan official emblem of the State,\nand includes any other emblem that is so similar to an emblem so declared that it could readily be mistaken for such an emblem.\n\t(3)\tThe Governor may, by regulation, declare any emblem described, depicted or referred to in the regulation to be—\n\t(a)\ta State Badge; or\n\t(b)\tan official emblem of the State.\n\t(4)\tThis section shall not prevent or derogate from the continued use of the Royal Arms in accordance with any law or any established custom or usage.\n3B—Use of State commercial emblems\n\t(1)\tA person who, except in accordance with the permission of the Minister—\n\t(a)\tprints or publishes, or causes to be printed or published, a State commercial emblem; or\n\t(b)\tmanufactures or supplies, or causes to be manufactured or supplied, material or an object incorporating or depicting, or in the form of, a State commercial emblem; or\n\t(c)\tin any other way uses, or causes to be used, a State commercial emblem,\nfor any commercial purpose, or in a manner suggesting that official approval has been granted for use of the emblem or that official significance attaches to its use, is guilty of an offence.\n\t(2)\tPermission under subsection (1) may be granted unconditionally or on conditions, including a condition requiring payment of a fee, of such amount as the Minister thinks fit, for use of a State commercial emblem.\n\t(3)\tThe Minister may, by notice in writing, vary or revoke a permission under subsection (1).\n\t(4)\tThe Minister is entitled to either or both of the following remedies in the event of a person contravening this section:\n\t(a)\tcompensation for any loss arising out of the contravention;\n\t(b)\tan injunction restraining the person from committing any further such contravention.\n\t(5)\tThe Minister may recover compensation from a person under subsection (4)(a) on application to the court that convicts the person, or by action in a court of competent jurisdiction.\n\t(6)\tA member of the police force may seize and retain goods that the member suspects on reasonable grounds have been, are being or are intended to be supplied in contravention of this section.\n\t(7)\tWhere—\n\t(a)\tgoods are seized from a person under subsection (6); but\n\t(b)\t—\n\t(i)\tproceedings for an offence against this section in relation to the goods are not instituted within three months after their seizure; or\n\t(ii)\tproceedings for such an offence are instituted within that period but the defendant is not convicted of the offence,\nthe person from whom the goods were seized may, by action in a court of competent jurisdiction, recover from the Minister—\n\t(c)\tthe goods, or if they have been destroyed or deteriorated, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(8)\tWhere—\n\t(a)\tgoods are seized from a person under subsection (6); and\n\t(b)\tproceedings for an offence against this section in relation to the goods are instituted within three months after their seizure,\nthe court may, if it convicts the defendant of the offence, order that the goods be forfeited to the Crown and, in that event, the goods may be disposed of in such manner as the Minister directs.\n\t(9)\tWhere goods are sold by the Minister, the proceeds must be paid into the Consolidated Account of the State.\n\t(10)\tIn this section—\nState commercial emblem means an emblem declared by regulation to be a State commercial emblem, and includes any other emblem that is so similar to an emblem so declared that it could readily be mistaken for such an emblem.\n\t(11)\tThe Governor may, by regulation, declare any emblem described, depicted or referred to in the regulation, being an emblem the copyright of which is vested in the Crown in right of the State, to be a State commercial emblem.\n\t(12)\tThis section does not derogate from any right or power to institute civil or criminal proceedings in respect of an act or omission referred to in this section.\n4—Persons printing, publishing, selling, or using pretended official document guilty of an offence\nEvery person who unlawfully prints, publishes, or sells, or offers or exhibits for sale, or sends or delivers to or serves on any other person, or causes to be printed, published, or sold, or offered or exhibited for sale, or sent or delivered to or served on any other person—\n\t(a)\tany written or printed matter so nearly resembling a document published or issued out of or by or under the authority or with the sanction of a court of law, as, in the opinion of the special magistrate or justices hearing the case, is intended to convey, and is reasonably capable of conveying, the impression that such paper or writing is such document; or\n\t(b)\tany written or printed matter which, in the opinion of the special magistrate or justices hearing the case, is intended to convey, and is reasonably capable of conveying, the impression that such paper or writing is issued by or under the authority or with the sanction of a court of law,\nshall be guilty of an offence against this Act.\n5—No proceedings without consent of Attorney-General\nNo proceedings for an offence against this Act shall be taken by any person whomsoever without the written consent of the Attorney-General of the State.\n6—Other proceedings not affected\nNothing in this Act shall be held to affect any provision of any other Act, or any law or custom, by virtue of which any remedy, civil or criminal, might have been availed of before the passing of this Act in respect of any act or omission which is an offence against this Act.\n7—Onus of proof of certain facts\n\t(1)\tIn any proceeding for an offence against section 3 the onus of proving that the written authority referred to in that section has been duly given shall be on the defendant.\n\t(2)\tIn any proceedings for an offence against this Act, the fact that the defendant's name appears on any written or printed matter with respect to which such offence is alleged to have been committed as the apparent printer, publisher, seller, or sender thereof shall be prima facie evidence that such matter was printed, published, sold, or sent (as the case may be) by the defendant.\n8—Penalty\nEvery person guilty of an offence against this Act shall be liable to a penalty not exceeding five hundred dollars, or to be imprisoned for any period not exceeding six months.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1916\n1242\nUnauthorised Documents Act 1916\n5.10.1916\n5.10.1916\n1979\n32\nUnauthorised Documents Act Amendment Act 1979\n15.3.1979\n15.3.1979\n1988\n65\nUnauthorised Documents Act Amendment Act 1988\n27.10.1988\n22.12.1988 (Gazette 22.12.1988 p2097)\n2006\n17\nStatutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 77 (s 252)—4.9.2006 (Gazette 17.8.2006 p2831)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 3A\ninserted by 32/1979 s 2\n15.3.1979\ns 3B\ninserted by 65/1988 s 3\n22.12.1988\ns 8\namended by 32/1979 s 3\n15.3.1979\nss 9—11\ndeleted by 17.2006 s 252\n4.9.2006\nHistorical versions\nReprint No 1—15.1.1992\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this Act changed from its original intent — the text of the legislation was not retrievable due to a broken URL returning a Page Not Found error."},"complexity_factors":["No legislative text was provided — only a website error page was supplied for analysis","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable — No Analysis Possible**\n\nThe link provided for the *Unauthorised Documents Act 1916* (South Australia) returned a **\"Page Not Found\"** error from the SA legislation website. The actual text of this Act was not retrievable — only the website's error page was provided.\n\n**What this means for you:** No reliable legal analysis of this Act can be produced from the content supplied. Attempting to summarise legislation based on its title alone would risk being inaccurate or misleading.\n\n**What you can do:**\n- Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for *\"Unauthorised Documents Act 1916\"*\n- Update any old bookmarks (the site was restructured on 24 March 2026)\n- Report broken links to OPCWeb@sa.gov.au\n- Try searching the [Index to SA Legislation](https://www.legislation.sa.gov.au/lists-and-index-to-sa-legislation/understanding-legislation)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope was expanded after its 1916 enactment. The original provisions targeted improper use of the Royal Arms and documents pretending to be official (ss 3, 4). Later amendments inserted explicit State-focused controls: s 3A (State Badge and other emblems) was added in 1979 and s 3B (State commercial emblems) in 1988 (Legislative history: s 3A inserted by 32/1979 s 2; s 3B inserted by 65/1988 s 3). Amendments introduced ministerial permissions, fee conditions, civil remedies (compensation, injunctions), police seizure and forfeiture procedures (s 3B(1)–(9)), and altered penalties (s 8), thereby broadening regulatory reach beyond the Act's original subject matter."},"complexity_factors":["Multiple categories of protected items with different tests and definitions (Royal Arms, State Badge/official emblems, State commercial emblems) (secs 3, 3A, 3B).","Delegated power to Governor to declare emblems and to Minister to grant, vary or revoke permissions and attach conditions/fees (s 3A(3); s 3B(1)–(3)).","Criminal and civil remedies overlapping: criminal offences, ministerial entitlement to compensation and injunctions, court-ordered forfeiture and disposal of goods, and recovery actions (s 3B(4)–(9); s 6).","Police seizure power with statutory time limits and post-seizure civil recovery or compensation mechanisms (s 3B(6)–(9)).","Consent requirement: written consent of the Attorney‑General is needed before any prosecution under the Act (s 5), adding a prosecutorial gatekeeping step.","Evidentiary and burden shifts: defendant must prove lawful authority for use of Royal Arms (s 7(1)); appearance of printer/publisher name is prima facie evidence (s 7(2)).","Penalty structure combines fines, imprisonment and forfeiture with discretion for civil remedies and ministerial conditions (s 8; s 3B(2),(4)).","Cross‑reference and savings clause preserves other statutory or common law remedies, creating possible overlap with other laws (s 6)."],"plain_english_summary":"This Act makes it an offence to print, publish, sell or use documents or emblems that falsely appear to be official — including the Royal Arms, documents resembling court papers, State badges and State commercial emblems — without required authority. It applies to anyone who produces, supplies or distributes such material; the Governor or Minister may declare emblems and grant permissions (secs 3, 3A, 3B), prosecutions require the Attorney‑General’s written consent (s5), and penalties include fines, imprisonment, seizure, forfeiture and compensation (ss 3B(4)–(9), 7–8)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1916 Act focused narrowly on prohibiting fake court documents and unauthorised use of Royal Arms. The 1979 amendment added section 3A covering State badges and emblems, and the 1988 amendment added section 3B creating a comprehensive commercial licensing scheme for State emblems including seizure powers, compensation mechanisms, and copyright enforcement. The legislation has evolved from a simple anti-fraud measure into a broader intellectual property and consumer protection regime governing state symbols."},"complexity_factors":["Multiple overlapping offences across sections 3, 3A, 3B, and 4 with similar but distinct elements","Nested conditional language in section 3 requiring authority from one of several specified government officials","Regulation-dependent definitions ('prescribed emblem', 'State commercial emblem') that delegate key scope decisions to subordinate legislation","Detailed procedural mechanisms in section 3B including seizure, forfeiture, compensation, and injunction remedies with specific time limits (3 months)","Evidentiary presumptions and reversed onus of proof in section 7","Archaic language throughout ('the King', 'United Kingdom of Great Britain and Ireland', 'special magistrate') creating interpretive challenges","Cross-references between sections 3A and 3B regarding State emblems and commercial use"],"plain_english_summary":"This South Australian law stops people from faking official documents or misusing government symbols to trick others.\n\n**What it covers:**\n- **Fake court documents** — It's illegal to print, sell, or distribute documents that look like they come from a court when they don't (Section 4).\n- **Royal and government symbols** — You can't use the Royal Arms, state badges, or other official emblems without written permission from the relevant authority (Sections 3, 3A, 3B). This includes using them in ways that make people think they're official or approved.\n- **State commercial emblems** — Special rules apply to emblems the government owns copyright on. Using these for commercial purposes without permission is an offence, and the Minister can seize goods, seek compensation, or get court orders to stop misuse (Section 3B).\n\n**Who it affects:**\n- Printers, publishers, and sellers of documents\n- Businesses using state symbols or emblems for commercial purposes\n- Anyone trying to pass off unofficial documents as court or government documents\n\n**Key protections:**\n- Police can seize goods suspected of being made or sold illegally (Section 3B(6))\n- The Attorney-General must approve any prosecution (Section 5)\n- If goods are seized but no conviction follows, the owner can claim them back or get compensation (Section 3B(7))\n\n**Penalties:**\n- Up to $500 fine or 6 months imprisonment (Section 8)\n\n**Why it matters:**\nThis law protects the integrity of official documents and government symbols. It stops scammers from creating fake legal papers that could trick people into paying money or thinking they have legal obligations. It also prevents businesses from falsely suggesting government endorsement by misusing official emblems."}},"importantCases":[],"_links":{"self":"/api/acts/unauthorised-documents-act-1916","history":"/api/acts/unauthorised-documents-act-1916/history","analysis":"/api/acts/unauthorised-documents-act-1916/analysis","conflicts":"/api/acts/unauthorised-documents-act-1916/conflicts","importantCases":"/api/acts/unauthorised-documents-act-1916/important-cases","documents":"/api/acts/unauthorised-documents-act-1916/documents"}}