Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 11 - Offences  

SECTION 118   OFFENCE - 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:


(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 ).





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