4Sending or delivering false process

4 Sending or delivering false process

4 Sending or delivering false process

(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 or the judge before whom any proceedings under this section are brought is reasonably capable of conveying 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 or the judge before whom any proceedings under this section are brought is reasonably capable of conveying to any person whomsoever the impression that such paper or writing is such an original or copy shall be guilty of an offence.

(1A) For the purposes of subsection (1), in determining whether a paper or writing is reasonably capable of conveying the impression that the 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 any statement in the paper or writing that or to the effect that:

(a) it is not such a document or a copy of such a document, or

(b) it is not intended to convey the impression that it is such a document or a copy of such a document,

shall be disregarded unless the statement is printed in a conspicuous position on the paper or writing and in a type that is more conspicuous than any other type used in the paper or writing.

(2) Every person guilty of an offence under this section:

(a) shall be deemed guilty of a contempt of the Supreme Court and may be punished accordingly by such Court or a judge thereof in chambers upon the application of any person complaining thereof, or

(b) shall be liable to a penalty of not more than 10 penalty units.

(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 the person 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.