Crimes Act 1914

Part III - Offences relating to the administration of justice

Division 3 - Evidence and witnesses

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SECTION 35 GIVING FALSE TESTIMONY

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35(1)

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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.

35(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 .

35(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 .

35(4)

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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.

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History

S 35 substituted by No 3 of 2011, s 3 and Sch 2 item 11, effective 3 March 2011. S 35 formerly read:

SECTION 35 GIVING FALSE TESTIMONY
35(1)
Any person who, in any judicial proceeding, or with the intention of instituting any judicial proceeding, intentionally gives false testimony touching any matter, material in that proceeding, shall be guilty of an indictable offence.
Penalty: Imprisonment for 5 years.

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History

S 35(1) amended by No 24 of 2001, s 3 and Sch 10 items 40 and 41, by substituting ``with the intention'' for ``for the purpose'' and ``intentionally'' for ``knowingly''. For application provisions, see note under s 3BA.

35(1A)
For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance of the offence, that the matter is material in the proceeding.
Note:

For strict liability , see section 6.1 of the Criminal Code .

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History

S 35(1A) inserted by No 24 of 2001, s 3 and Sch 10 item 42. For application provisions, see note under s 3BA.

(2)
For the purpose of this section it is immaterial whether the testimony was given on oath or not on oath, or was given orally or in writing, or whether the court or tribunal to which it was given was properly constituted or was held in the proper place, or whether the person who gave the testimony was a competent witness or not, or whether the testimony was admissible or not.

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