Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 11   Offences

118   Offence - giving false or misleading evidence

 

(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.

      

(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).