Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)

Schedule 2 Administration of justice offences

Repeal the sections, substitute:

44 Compounding offences

(1) A person (the first person ) commits an offence if:

(a) the first person:

(i) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or

(ii) 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 the first person will:

(i) compound or conceal an offence; or

(ii) abstain from, discontinue or delay a prosecution for an offence; or

(iii) withhold evidence of an offence; and

(i) the Commonwealth; or

(ii) a Territory.

Penalty: Imprisonment for 3 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.

45 Inserting advertisements without authority of court

(1) A person commits an offence if:

(a) the person inserts in the Gazette, or in a newspaper, an advertisement purporting to be published under the authority of a court; and

(b) the person does so:

(i) without authority; or

(ii) knowing the advertisement to be false in any material particular; and

(i) a federal court; or

(ii) a court exercising federal jurisdiction; or

(iii) a court of a Territory.

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.