Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)
Schedule 2 Administration of justice offences
Part 1 Amendment of the Crimes Act 1914
16 Sections 44 and 45
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
(c) the offence referred to in paragraph (b) is an indictable offence against a law of:
(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
(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.
(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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