Over the weekend I was speaking with some police friends and a Queen's Counsel who practices in criminal law.
We were discussing a theoretical situation in which the Bandidos outlaw gang might feature.
Keep the Bandidos in mind here rather than say, nice people who wear nice clothes and operate in highly regarded outfits like the AWU or the Labor Party or the parliament. It just helps you understand why the law is the way it is.
Imagine that a Bandido with a bad reputation called Bruce has some cash to spare. Just say he got the cash in dubious circumstances and he wanted to launder it by say buying a house.
Over the years Bruce the bikie had seen how much power lawyers had. He decided it would be nice to get one. One day Bruce the bikie spied Julia the lawyer. Julia liked bad boys and she hooked up with Bruce.
Bruce the Bandido and Julia went to a house auction. Bruce bought the house with Julia alongside him. But Bruce was worried about the family court, the ATO, police, proceeds of crime acts - there were a heap of reasons that it might be better if Bruce's house, bought with hard-to-account-for money, was in another bloke's name.
Who to choose? What about Ralph. Beauty.
"Hey Ralph, it's Bruce here. You bought a house on the weekend, see. I'll be over during the week with some paperwork for you to sign."
That's where the legitimacy of Bruce's theoretical girlfriend comes in. She could go in to work and knock up a back-dated Power of Attorney to make the transaction happen as Bruce wanted it to happen. And then Bruce, with that power of attorney could keep control of the transaction.
And if Bruce had something over Ralph, all the better. Sign here Ralph. Don't worry about the date.
Most of us would be worried if people could create a document like that after the event. And we'd be right to worry.
That's why it's illegal to do it.
Just for information.
A person must not make a false document with the intention that he or she, or another person, shall use it to induce another person to accept it as genuine, and by reason of so accepting it to do or not to do some act to that other person's, or to another person's prejudice. Penalty: Level 5 imprisonment (10 years maximum).
You'd expect that from the Bandidos........