36
In forceFabricating evidence
Volume 3Parts ID to VIII (sections 23WA to 91), Schedule, Endnotes
Part IIIOffences relating to the administration of justice
Division 3Evidence and witnesses
36 Fabricating evidence
(1)
A person commits an offence if:
(a)
the person:
(i)
fabricates evidence; or
(ii)
makes use of fabricated evidence; and
(b)
the person does so with the intention of misleading a court or judicial tribunal in a judicial proceeding; and
(c)
the judicial proceeding is a federal judicial proceeding.
Penalty: Imprisonment for 5 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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