Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)

Schedule 2   Administration of justice offences

Part 1   Amendment of the Crimes Act 1914

11   Sections 35 to 40

Repeal the sections, substitute:

35 Giving false testimony

(1) A person commits an offence if:

(a) the person gives false testimony touching a matter; and

(b) the person does so:

(i) in a judicial proceeding; or

(ii) with the intention of instituting a judicial proceeding; and

(c) the matter is material in the judicial proceeding; and

(d) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

(2) Strict liability applies to the paragraph (1)(c) element of the offence.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Absolute liability applies to the paragraph (1)(d) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

(4) For the purposes of this section, it is immaterial:

(a) whether the testimony is given:

(i) on oath or not on oath; or

(ii) orally or in writing; or

(b) whether the court or judicial tribunal to which the testimony is given:

(i) is properly constituted; or

(ii) is held in the proper place; or

(c) whether the person who gave the testimony is a competent witness; or

(d) whether the testimony is admissible.

36 Fabricating evidence

(1) A person commits an offence if:

(a) the person:

(i) fabricates evidence; or

(ii) makes use of fabricated evidence; and

(b) the person does so with the intention of misleading a court or judicial tribunal in a judicial proceeding; and

(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

(2) Absolute liability applies to the paragraph (1)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

36A Intimidation of witnesses etc.

(1) A person (the first person ) commits an offence if:

(a) the first person:

(i) threatens, intimidates or restrains another person; or

(ii) uses violence to, or inflicts an injury on, another person; or

(iii) causes or procures violence, damage, loss or disadvantage to another person; or

(iv) causes or procures the punishment of another person; and

(b) the first person does so on account of the other person having appeared, or being about to appear, as a witness in a judicial proceeding; and

(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

(2) Absolute liability applies to the paragraph (1)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

37 Corruption of witnesses

Agreements or understandings

(1) A person (the first person ) commits an offence if:

(a) the first person:

(i) gives, confers or procures any property, or benefit, of any kind to, upon or for another person; or

(ii) promises or offers to give, to confer, to procure or to attempt to procure any property, or benefit, of any kind to, upon or for another person; or

(iii) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or

(iv) agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person; and

(b) the first person does so upon an agreement or understanding that any person called, or to be called, as a witness in a judicial proceeding will:

(i) give false testimony; or

(ii) withhold true testimony; and

(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

(2) Absolute liability applies to the paragraph (1)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

Inducing false testimony

(3) A person commits an offence if:

(a) the person does an act; and

(b) the person does so with the intention of inducing a person called, or to be called, as a witness in a judicial proceeding:

(i) to give false testimony; or

(ii) to withhold true testimony; and

(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

(4) Absolute liability applies to the paragraph (3)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

38 Deceiving witnesses

(1) A person (the first person ) commits an offence if:

(a) the first person:

(i) practises any fraud or deceit to a person called, or to be called, as a witness in a judicial proceeding; or

(ii) makes or exhibits any false statement, representation, token or writing to a person called, or to be called, as a witness in a judicial proceeding; and

(b) the first person does so with the intention of affecting the testimony of the other person; and

(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 2 years.

(2) Absolute liability applies to the paragraph (1)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

39 Destroying evidence

(1) A person commits an offence if:

(a) the person knows that a book, document or thing of any kind is, or may be, required in evidence in a judicial proceeding; and

(b) the person:

(i) destroys the book, document or thing; or

(ii) renders the book, document or thing illegible, undecipherable or incapable of identification; and

(c) the person does so with the intention of preventing the book, document or thing from being used in evidence; and

(d) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 5 years.

(2) Absolute liability applies to the paragraph (1)(d) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.

40 Preventing witnesses from attending Court

(1) A person (the first person ) commits an offence if:

(a) another person has been subpoenaed or summoned to attend as a witness in a judicial proceeding; and

(b) the first person prevents the other person from attending as a witness, or from producing anything in evidence, pursuant to the subpoena or summons; and

(c) the judicial proceeding is a federal judicial proceeding.

Penalty: Imprisonment for 1 year.

(2) Absolute liability applies to the paragraph (1)(c) element of the offence.

Note: For absolute liability, see section 6.2 of the Criminal Code.