CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 3 - Evidence and witnesses  

SECTION 37   CORRUPTION OF WITNESSES  

Agreements or understandings

37(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, or any kind for himself or herself or another person; or

(iv) agrees to receive or to obtain any property, or benefit, or 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.

37(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

37(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.

37(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 .




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