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CRIMES ACT 1914 SECT 35
35 Giving false testimony
- (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.
- (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 .
- (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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