CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 3 - Evidence and witnesses  

SECTION 35   GIVING FALSE TESTIMONY  

35(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.

35(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 .

35(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 .

35(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.




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