Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:10_50
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 10 cl 50
Character Range: 31098–32718

50  At the end of section 41
Add:

 (2) For a person to be guilty of an offence against subsection (1):
 (a) the person must have entered into an agreement with one or more other persons; and
 (b) the person and at least one other party to the agreement must have intended that a person be charged falsely with an offence pursuant to the agreement; and
 (c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

 (3) A person may be found guilty of an offence against subsection (1) even if:
 (a) charging a person falsely pursuant to the agreement is impossible; or
 (b) the only other party to the agreement is a body corporate; or
 (c) each other party to the agreement is a person who is not criminally responsible; or
 (d) subject to subsection (4), all other parties to the agreement have been acquitted of the offence.

 (4) A person cannot be found guilty of an offence against subsection (1) if:
 (a) all other parties to the agreement have been acquitted of such an offence; and
 (b) a finding of guilt would be inconsistent with their acquittal.

 (5) A person cannot be found guilty of an offence against subsection (1) if, before the commission of an overt act pursuant to the agreement, the person:
 (a) withdrew from the agreement; and
 (b) took all reasonable steps to prevent the false charging.

 (6) A court may dismiss a charge of an offence against subsection (1) if the court thinks that the interests of justice require the court to do so.

 (7) Section 11.1 of the Criminal Code does not apply to an offence against subsection (1).