{"id":"unauthorized-documents-act-1958","name":"Unauthorized Documents Act 1958","slug":"unauthorized-documents-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174260,"registerId":"vic-unauthorized-documents-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Unauthorized Documents Act 1958","content":"Version No. 024\n\n**Unauthorized Documents Act 1958**\n\n**No. 6403 of 1958**\n\nVersion incorporating amendments as at  \n6 September 2023\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Repeal and savings 1\n\n3 Improper use of Royal Arms etc. an offence 2\n\n4 Sending or delivering etc. false process an offence 3\n\n5 Penalties etc. in case of bodies corporate 4\n\n6 Short form for charge for offences under section 3 5\n\n7 Recovery of penalties 5\n\n8 Other proceedings not affected 5\n\nSchedule 6\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **024**\n\n**Unauthorized Documents Act 1958**\n\n**No. 6403 of 1958**\n\nVersion incorporating amendments as at  \n6 September 2023\n\nAn Act to consolidate the Law relating to the Unauthorized Use of the Royal or other Arms and to the Issue of False or Misleading Process and other Documents.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Unauthorized Documents Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Repeal and savings\n\n(1) The Act mentioned in the Schedule to this Act to the extent thereby expressed to be repealed is hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing thereunder immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any authority sanction information proceeding liability or right issued granted given laid accrued incurred or acquired or existing or continuing by or under such repealed Act before the commencement of this Act.\n\nNo. 3794 s. 3.\n\nS. 3  \namended by Nos 7315 s. 5(1), 9554 s. 2(2)(Sch. 2 item 351), 25/2023 s. 7(Sch. 1 item 29).\n\n\t3 Improper use of Royal Arms etc. an offence\n\nEvery person who directly or indirectly without the previous written authority (proof whereof shall lie upon the person accused) of the King, or of any member of the Royal Family, or of any Government Department in the United Kingdom of Great Britain and Northern 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 any Government Department in any such part of the King's Dominions, or without the authority of any Act of Parliament or Ordinance in force in any part of the King's Dominions inclusive of the United Kingdom—\n\n(a) prints publishes or distributes or sends or delivers to or serves on any person; or\n\n(b) causes to be printed published or distributed or sent or delivered to or served on any person—\n\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 Arms so nearly resembling the Royal Arms or the Arms of any part of the King's Dominions as to be likely to deceive, appear in such a manner as to be likely to lead other persons to believe that permission has been duly given by or under such authority as aforesaid to use such Arms in or upon such written or printed matter shall be liable to a penalty not exceeding 10 penalty units.\n\nNo. 3794 s. 4.\n\n\t4 Sending or delivering etc. false process an offence\n\nS. 4(1) amended by No. 57/1989 s. 3(Sch. item 204.1).\n\n(1) Every person who sends or delivers to or serves on or causes to be 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 any tribunal but which in the opinion of the court in which 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 sanction 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 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.\n\n(2) Every person guilty of an offence under this section—\n\nS. 4(2)(a) amended by No. 110/1986 s. 140(2) (Sch.).\n\n(a) shall be deemed guilty of a contempt of the Supreme Court and may be punished accordingly by such Court upon the application of any person complaining thereof; or\n\nS. 4(2)(b) amended by Nos 7315 s. 5(1), 9554 s. 2(2)(Sch. 2 item 352).\n\n(b) shall be liable to a penalty of not less than 1 penalty unit nor more than 10 penalty units.\n\n(3) In any proceedings under this section if any person is named on any such paper or writing in such a way as to imply that he is the printer publisher 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.\n\n(4) In this section unless inconsistent with the context or subject-matter—\n\n***document*** includes any notice claim demand or process or any document relating to any extra-judicial remedy and whether in existence or not;\n\nS. 4(4) def. of *Tribunal* amended by No. 57/1989 s. 3(Sch. item 204.2).\n\n***Tribunal*** includes any court judge magistrate or public officer whether in or out of Victoria and whether in existence or not.\n\nNo. 3794 s. 5.\n\n\t5 Penalties etc. in case of bodies corporate\n\nWithout affecting any other liability of any person under this Act or otherwise, a company or other body corporate shall be 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 every director manager secretary or officer of any such company and every member of the managing body of any such body corporate who commits or knowingly authorizes or permits an offence under this Act shall also be liable to the penalty or punishment for that offence.\n\nNo. 3794 s. 6.\n\nS. 6  \namended by No. 57/1989 s. 3(Sch. item 204.3).\n\n\t6 Short form for charge for offences under section 3\n\nIn a charge for an offence under section three of this Act it shall be sufficient to set forth that the act was done without due authority instead of setting forth in the words of that section that the act was done without the authority or sanction therein referred to.\n\nNo. 3794 s. 7.\n\n\t7 Recovery of penalties\n\nAny penalty imposed by this Act may be recovered by any person who with the authority in writing of a law officer sues for the same.\n\nNo. 3794 s. 8.\n\n\t8 Other proceedings not affected\n\nNothing 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 no person shall be punished for the same offence under any such proceeding and under this Act.\n\nSchedule\n\n| *Number of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 3794 | **Unauthorized Documents Act 1928** | The whole |\n\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Unauthorized Documents Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Unauthorized Documents Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Decimal Currency Act 1965, No. 7315/1965**\n\n| Assent Date: | 30.11.65 |\n| --- | --- |\n| Commencement Date: | 14.2.66: appointed day |\n| Current State: | All of Act in operation |\n\n\n**Penalties and Sentences Act 1981, No. 9554/1981**\n\n| Assent Date: | 19.5.81 |\n| --- | --- |\n| Commencement Date: | S. 2(2)(Sch. 2 items 351, 352) on 1.9.81: Government Gazette 26.8.81 p. 2799 |\n| Current State: | This information relates only to the provision/s amending the **Unauthorized Documents Act 1958** |\n\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| --- | --- |\n| Commencement Date: | 1.1.87: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n| Current State: | All of Act in operation |\n\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1 item 29) on 6.9.23: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Unauthorized Documents Act 1958** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original intent — the substantive provisions of the Act were not included in the text provided. Only administrative metadata (version history and status) was available for analysis."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were included, preventing substantive analysis","The Act's age (1958) may mean it uses archaic legal language that could be harder to interpret","Title suggests it may intersect with criminal law, fraud, and evidence law, which are inherently complex areas","Without the actual provisions, it is impossible to assess definitively how complex the operative sections are"],"plain_english_summary":"This 1958 Victorian Act, still in force, appears from its title to govern documents created, used, or presented without proper authority—likely touching on forgery or unauthorised official papers. It could therefore affect government bodies, businesses, and individuals who make, use, or possess such documents. Because the extract lacks the Act’s substantive text, the precise offences, scope, and penalties aren’t available here; consult the full statute or legal advice for details."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act replaces the earlier 1928 Act (Schedule) but s.2 contains express savings preserving continuity of status, powers and liabilities from the repealed Act. On its face the statutory scope is retained rather than materially broadened: it consolidates offences against unauthorised use of arms and issuing misleading tribunal-like documents while preserving existing authorities and proceedings (s.2; Schedule)."},"complexity_factors":["Subjective judicial standard — liability turns on whether material is \"likely or intended\" to convey authenticity, requiring court fact-finding (s.4(1)).","Reverse/evidential burden on accused to prove prior written authority for use of arms (proof lies on the accused) (s.3).","Dual enforcement pathways — criminal penalties plus contempt of the Supreme Court on application (s.4(2)(a)–(b)).","Minimum and maximum penalties and conversion to penalty units require cross-reference to penalty regime and amendment history (s.4(2)(b); Table of Amendments).","Broad definitions expand reach: \"document\" covers notices, claims, demands, process and extra‑judicial remedies; \"Tribunal\" is widely defined (s.4(4)).","Corporate and officer liability extends penalties to companies and responsible officers, creating vicarious/executive exposure (s.5).","Savings and repeal mechanics preserve continuity with the prior Act, complicating historical rights and ongoing authorities (s.2; Schedule).","Concise statute with several cross-references and amendment notes increases interpretive work for practitioners (endnotes/Table of Amendments)."],"plain_english_summary":"*Unauthorized Documents Act 1958* makes it an offence to use the Royal Arms (or a close imitation) on printed material without prior written authority, and to send, publish or sell papers that falsely appear to be official tribunal process. Individuals, company officers, corporations can be penalised; penalties include fines and contempt of court.\n\nMechanically, enforcement costs fall on creators/distributors: the accused bears proof of authority (s.3), courts judge whether material appears authentic (s.4), penalties are recoverable by a law officer (s.7), and continuity with the repealed 1928 Act is preserved (s.2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original 1958 purpose: preventing unauthorized use of royal/official arms and prohibiting false legal documents. The 2023 amendment merely updated references from 'Queen' to 'King' following the change of monarch, without expanding the scope. The Act has not grown beyond its original anti-fraud and official symbol protection intent."},"complexity_factors":["Short statute with only 8 operative sections plus schedule and endnotes","Minimal defined terms (only 2 definitions in section 4(4): 'document' and 'Tribunal')","Straightforward offence structure with clear penalty provisions","Some archaic language retained from 1958 (e.g., 'King's Dominions', 'proclamation of the Governor in Council')","Simple cross-references limited to internal section references","No nested exceptions or complex conditional logic","Reverse onus provision in section 3 requires careful reading but is clearly expressed","Recent amendments (2023) updated monarch references but did not alter structure"],"plain_english_summary":"**What this law does:**\n\nThis Act makes it illegal to misuse official symbols and to create or distribute fake legal documents in Victoria.\n\n**Two main offences:**\n\n1. **Misusing Royal or official Arms (Section 3)**\n   - You cannot print, publish, or distribute anything showing the Royal Arms (the official coat of arms of the monarch), the Arms of any Commonwealth country, or anything that looks very similar to them, **unless you have written permission** from the King, a Royal Family member, or a relevant government department.\n   - The burden of proof is on the accused person to show they had permission (this is called a \"reverse onus\" — normally the prosecution must prove guilt, but here you must prove your innocence on this point).\n   - Maximum penalty: 10 penalty units (a monetary fine).\n\n2. **Creating or distributing false legal documents (Section 4)**\n   - You cannot send, deliver, sell, or display any document that looks like it comes from a court, judge, magistrate, or public official if it doesn't actually come from them.\n   - This includes fake court orders, demands, or legal notices — whether the tribunal or official actually exists or not.\n   - Penalties: You can be punished for contempt of court (a serious offence against the court's authority) OR fined between 1 and 10 penalty units.\n   - If your name appears on the fake document as the printer or sender, the law assumes you are responsible unless you can prove otherwise.\n\n**Who it affects:**\n- Anyone printing official-looking documents or using royal symbols without permission\n- Companies and their directors/officers (who can be personally liable if the company breaks this law)\n- People who might be tricked by fake legal documents (the law protects the public from scams involving false court papers)\n\n**Why it matters:**\nThis law protects the integrity of official symbols (preventing unauthorized use of the monarch's arms for fraudulent or misleading purposes) and protects people from being deceived by fake legal documents that appear to come from courts or government officials. It's essentially an anti-fraud and anti-impersonation measure."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/unauthorized-documents-act-1958","history":"/api/acts/unauthorized-documents-act-1958/history","analysis":"/api/acts/unauthorized-documents-act-1958/analysis","conflicts":"/api/acts/unauthorized-documents-act-1958/conflicts","importantCases":"/api/acts/unauthorized-documents-act-1958/important-cases","documents":"/api/acts/unauthorized-documents-act-1958/documents"}}