Document ID: chunk:federal_register_of_legislation:C2004A01347:clause:1_5
Version: federal_register_of_legislation:C2004A01347
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 5304–6817

5  At the end of section 303
Add:

Giving false evidence

 (3) A person (the witness) is guilty of an offence if:
 (a) the witness gives false sworn or affirmed evidence touching any matter material to that proceeding; and
 (b) either:
 (i) the evidence is given in a proceeding before the Commission; or
 (ii) the evidence is given before a person taking evidence on behalf of the Commission either in a proceeding that has been instituted in the Commission by anyone or for use in a proceeding that will be instituted in the Commission by the witness.

Penalty: Imprisonment for 12 months.

Note: Section 10.2 of the Criminal Code Act 1995 states that a person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence under duress.

Inducing or coercing another person to give false evidence

 (4) A person (the offender) is guilty of an offence if:
 (a) another person (the witness) has been called or is to be called as a witness in a proceeding before the Commission (whether the person is to appear before the Commission or before someone taking evidence on behalf of the Commission in the proceeding); and
 (b) the offender induces, threatens or intimidates the witness to give false evidence in the proceeding.

Penalty: Imprisonment for 12 months.

Note 1: The heading to section 303 is altered by omitting "by" and substituting "relating to".

Note 2: The following heading to subsection 303(1) is inserted "Contravention of requirement by witness".