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.