CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 3 - Evidence and witnesses  

SECTION 36   FABRICATING EVIDENCE  

36(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.

36(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 .




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