Crimes Act 1914

Part III - Offences relating to the administration of justice  

Division 4 - Perverting the course of justice  

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History

Div 4 heading inserted by No 3 of 2011, s 3 and Sch 2 item 12, effective 3 March 2011.

SECTION 45   INSERTING ADVERTISEMENTS WITHOUT AUTHORITY OF COURT  

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45(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

(c) the advertisement purports to be published under the authority of:

(i) a federal court; or

(ii) a court exercising federal jurisdiction; or

(iii) a court of a Territory.

Penalty: Imprisonment for 2 years.

45(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 .

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History

S 45 substituted by No 3 of 2011, s 3 and Sch 2 item 16, effective 3 March 2011. S 45 formerly read:

SECTION 45 INSERTING ADVERTISEMENTS WITHOUT AUTHORITY OF COURT  
45
Any person who, without authority, or knowing the advertisement to be false in any material particular, inserts in the Gazette or in any newspaper an advertisement purporting to be published under the authority of any federal court, any court in the exercise of federal jurisdiction or any court of a Territory, shall be guilty of an offence.

Penalty: Imprisonment for 2 years.

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