Version incorporating amendments as at
6 September 2023
table of provisions
Section Page
1 Short title and commencement 1
2 Repeal and savings 1
3 Improper use of Royal Arms etc. an offence 2
4 Sending or delivering etc. false process an offence 3
5 Penalties etc. in case of bodies corporate 4
6 Short form for charge for offences under section 3 5
7 Recovery of penalties 5
8 Other proceedings not affected 5
Schedule 6
Endnotes 7
1 General information 7
2 Table of Amendments 9
3 Explanatory details 10
Version No.024
Unauthorized Documents Act 1958
No. 6403 of 1958
Version incorporating amendments as at
6 September 2023
An 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.
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):
1 Short title and commencement
This 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.
2 Repeal and savings
(1) The Act mentioned in the Schedule to this Act to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing thereunder immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;
(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liability or right issued granted given laid accrued incurred or acquired or existing or continuing by or under such repealed Act before the commencement of this Act.
S. 3
amended by Nos 7315 s. 5(1), 9554 s. 2(2)(Sch. 2 item 351), 25/2023 s. 7(Sch. 1 item 29).
3 Improper use of Royal Arms etc. an offence
Every 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—
(a) prints publishes or distributes or sends or delivers to or serves on any person; or
(b) causes to be printed published or distributed or sent or delivered to or served on any person—
any 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.
No. 3794 s. 4.
4 Sending or delivering etc. false process an offence
S. 4(1) amended by No. 57/1989 s. 3(Sch. item 204.1).
(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.
(2) Every person guilty of an offence under this section—
S. 4(2)(a) amended by No. 110/1986 s. 140(2) (Sch.).
(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
S. 4(2)(b) amended by Nos 7315 s. 5(1), 9554 s. 2(2)(Sch. 2 item 352).
(b) shall be liable to a penalty of not less than 1 penalty unit nor 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 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.
(4) In this section unless inconsistent with the context or subject-matter—
document includes any notice claim demand or process or any document relating to any extra-judicial remedy and whether in existence or not;
S. 4(4) def. of Tribunal amended by No. 57/1989 s. 3(Sch. item 204.2).
Tribunal includes any court judge magistrate or public officer whether in or out of Victoria and whether in existence or not.
No. 3794 s. 5.
5 Penalties etc. in case of bodies corporate
Without 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.
No. 3794 s. 6.
S. 6
amended by No. 57/1989 s. 3(Sch. item 204.3).
6 Short form for charge for offences under section 3
In 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.
No. 3794 s. 7.
7 Recovery of penalties
Any 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.
No. 3794 s. 8.
8 Other proceedings not affected
Nothing 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.
Schedule
Number of Act
Title of Act
Extent of Repeal
3794
Unauthorized Documents Act 1928
The whole
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Unauthorized Documents Act 1958 by Acts and subordinate instruments.