Administrative Review Tribunal Act 2024
PART 4
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PROCEEDINGS
Division 11
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Offences
SECTION 118
OFFENCE
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GIVING FALSE OR MISLEADING EVIDENCE
118(1)
A person appearing before the Tribunal to give evidence commits an offence if the person: (a) gives evidence; and (b) does so knowing that the evidence:
118(2)
Subsection (1) does not apply if the evidence is not false or misleading in a material particular.
A person appearing before the Tribunal to give evidence commits an offence if the person: (a) gives evidence; and (b) does so knowing that the evidence:
(i) is false or misleading; or
(ii) omits any matter or thing without which the evidence is misleading.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Note:
Giving false testimony is also subject to the offence under section 35 of the Crimes Act 1914 .
118(2)
Subsection (1) does not apply if the evidence is not false or misleading in a material particular.
Note:
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).