Criminal Code Act 1899

Chapter 12Unlawfully obtaining or disclosing informationsch 1 pt 3 ch 12 hdg amd 2009 No. 53 s 14684sch 1 pt 3 ch 12 s 84 om 1997 No. 3 s 120 sch 185Disclosure of official secretsA person who is or has been employed as a public officer who unlawfully publishes or communicates any information that comes or came to his or her knowledge, or any document that comes or came into his or her possession, by virtue of the person’s office, and that it is or was his or her duty to keep secret, commits a misdemeanour.Maximum penalty—2 years imprisonment.sch 1 pt 3 ch 12 s 85 sub 1997 No. 3 s 1686Obtaining of or disclosure of secret information about the identity of informant

A person who, without lawful justification or excuse, obtains or attempts to obtain secret information in the possession of a law enforcement agency or law enforcement officer about the identity of a criminal organisation informant commits a crime.Maximum penalty—10 years imprisonment.

A person who, without lawful justification or excuse, publishes or communicates secret information in the possession of, or obtained from, a law enforcement agency or law enforcement officer about the identity of a criminal organisation informant commits a crime.Maximum penalty—10 years imprisonment.

In this section—criminal intelligence means information relating to actual or suspected criminal activity (including information the commissioner has obtained through the police service or from an external agency), whether in the State or elsewhere, the disclosure of which could reasonably be expected to—

prejudice a criminal investigation; or

enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

endanger a person’s life or physical safety.

criminal organisation informant means any of the following—

anyone who has given, to the police service or an external agency, information that the commissioner reasonably believes is criminal intelligence about a criminal organisation or a participant in a criminal organisation, and who is not a police officer or officer of the external agency;

an authorised officer who has obtained information in relation to the activities of a criminal organisation while acting under the Police Powers and Responsibilities Act 2000, chapter 12;

a police officer who has obtained information through the use of an assumed identity, whether or not under the Police Powers and Responsibilities Act 2000, chapter 12.

external agency means any of the following—

the Crime and Corruption Commission;

the Australian Federal Police;

a police force or service of another State;

the chief executive (corrective services);

an officer of another State with powers and functions substantially corresponding to the powers and functions of the chief executive (corrective services) under the Corrective Services Act 2006;

another entity—

established under a law of another jurisdiction, including a jurisdiction outside Australia; and

with functions that include investigating or inquiring into criminal conduct, misconduct or corruption (whether or not the functions are stated in the law mentioned in subparagraph (i)); and

declared by regulation to be an external agency.

information, about the identity of a criminal organisation informant, includes information that is likely to lead to the identity of the informant becoming known.officer, of an external agency, includes a person employed by the agency, seconded to the agency or engaged by the agency under a contract for services.secret information, in the possession of a law enforcement agency or law enforcement officer, means information it is the duty of the agency or officer to keep secret.sch 1 pt 3 ch 12 s 86 prev s 86 om 1997 No. 3 s 120 sch 1pres s 86 ins 2009 No. 53 s 147amd 2011 No. 43 s 22; 2016 No. 62 s 68 Chapter 13Corruption, abuse of office, personating public officers and other false representationssch 1 pt 3 ch 13 hdg amd 2025 No. 20 s 987Official corruption

Any person who—

being employed in the public service, or being the holder of any public office, and being charged with the performance of any duty by virtue of such employment or office, not being a duty touching the administration of justice, corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person in the discharge of the duties of the person’s office; or

corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any person employed in the public service, or being the holder of any public office, or to, upon, or for, any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed or holding such office;

is guilty of a crime, and is liable to imprisonment for 7 years, and to be fined at the discretion of the court.

If the offence is committed by or in relation to a Minister of the Crown, as the holder of public office mentioned in subsection (1), the offender is liable to imprisonment for 14 years, and to be fined at the discretion of the court.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

The offender can not be arrested without warrant.sch 1 pt 3 ch 13 s 87 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 16A; 1999 No. 66 s 6 sch; 2016 No. 62 s 6988Extortion by public officersAny person who, being employed in the public service, takes or accepts from any person, for the performance of the person’s duty as such officer, any reward beyond the person’s proper pay and emoluments, or any promise of such reward, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.89Public officers interested in contracts

Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than 20 persons, a private interest in any contract or agreement which is made on account of the public service with respect to any matter concerning the department of the service in which the person is employed (the relevant department), is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court.

However, the person does not commit an offence against subsection (1) if, before the person acquires or starts to hold the private interest—

the person discloses the nature of the interest to the chief executive of the relevant department; and

the chief executive of the relevant department authorises the person, in writing, to acquire or hold the interest.

In a proceeding against a person for an offence against subsection (1), proof of the matters mentioned in subsection (2) lies on the person.

The chief executive of a department may delegate the chief executive’s function under subsection (2) to an appropriately qualified person.

A reference in subsection (1) to a person employed in the public service includes a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 and, for that purpose—

a ministerial staff member employed in the office of a Minister is taken to be employed in each department administered by the Minister; and

a ministerial staff member employed in the office of an Assistant Minister is taken to be employed in each department for which the Assistant Minister is given responsibility under his or her functions.

Note—Under the Constitution of Queensland 2001, section 25, an Assistant Minister has the functions decided by the Premier.

In this section—function includes power.sch 1 pt 3 ch 13 s 89 amd 2010 No. 36 s 45; 2012 No. 6 s 27 sch amdts 1(1)(a), (2), 2(1)(a), (2); 2017 No. 6 s 890Officers charged with administration of property of a special character or with special dutiesAny person who, being employed in the public service, and being charged by virtue of the person’s employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade, or business, of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade, or business, in which the person has such interest, or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to imprisonment for 1 year, and to be fined at the discretion of the court.91False claims by officialsAny person who, being employed in the public service in such a capacity as to require the person or to enable the person to furnish returns or statements touching any remuneration payable or claimed to be payable to himself, herself or to any other person, or touching any other matter required by law to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to the person’s knowledge, false in any material particular, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 3 ch 13 s 91 amd 1988 No. 88 s 5 sch 292Abuse of office

Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of the person’s office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

If the act is done or directed to be done for purposes of gain, the person is liable to imprisonment for 3 years.sch 1 pt 3 ch 13 s 92 amd 1988 No. 88 s 5 sch 292AMisconduct in relation to public office

A public officer who, with intent to dishonestly gain a benefit for the officer or another person or to dishonestly cause a detriment to another person—

deals with information gained because of office; or

performs or fails to perform a function of office; or

without limiting paragraphs (a) and (b), does an act or makes an omission in abuse of the authority of office;

is guilty of a crime.Maximum penalty—7 years imprisonment.

A person who ceases to be a public officer in a particular capacity is guilty of a crime if, with intent to dishonestly gain a benefit for the person or another person or to dishonestly cause a detriment to another person, the person deals with information gained because of the capacity.Maximum penalty—7 years imprisonment.

Subsection (2) applies whether or not the person continues to be a public officer in some other capacity.

A reference in subsections (1) and (2) to information gained because of office or a particular capacity includes information gained because of an opportunity provided by the office or capacity.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—authority, of office, includes the trust imposed by office and the influence relating to office.deals with includes the following—

uses;

supplies;

copies;

publishes.

function includes power.information includes knowledge.office, in relation to a person who is a public officer, means the position, role or circumstance that makes the person a public officer.performs includes purportedly performs and in relation to a power, exercises and purportedly exercises.sch 1 pt 3 ch 13 s 92A ins 2009 No. 25 s 4amd 2013 No. 45 s 44; 2016 No. 62 s 7093Corruption of surveyor and valuatorAny person who, being duly appointed under any statute to be a valuator for determining the compensation to be paid to any person for land compulsorily taken from the person under the authority of any statute, or for injury done to any land under the authority of any statute—

acts as such valuator while the person has, to the person’s knowledge, an interest in the land in question; or

executes unfaithfully, dishonestly, or with partiality, the duty of making a valuation of the land or of the extent of the injury;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.94False certificates by public officersAny person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to the person’s knowledge, false in any material particular is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 3 ch 13 s 94 amd 1988 No. 88 s 5 sch 295Administering extrajudicial oaths

Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which the person has not by law any authority to do so, is guilty of a misdemeanour, and is liable to imprisonment for 1 year.

This section does not apply to an oath, declaration, affirmation, or affidavit, administered or taken before a justice in any matter relating to the preservation of the peace or the punishment of offences, or relating to inquiries respecting sudden death, or to proceedings before the Legislative Assembly or a committee of the Legislative Assembly; nor to an oath, declaration, affirmation, or affidavit, administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.96False assumption of authorityAny person who—

not being a justice assumes to act as a justice; or

without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit, or to do any other act of a public nature which can only be done by persons authorised by law to do so; or

represents himself or herself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when the person is not, and knows that the person is not, in fact, so authorised;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 3 ch 13 s 96 amd 1988 No. 88 s 5 sch 297Personating public officers

A person who—

personates a public officer on an occasion when the officer is required or authorised to do an act or attend in a place by virtue of the officer’s office; or

falsely represents himself or herself to be a public officer, and assumes to do an act or to attend in a place for the purpose of doing an act by virtue of being that officer;

commits a misdemeanour.Maximum penalty—3 years imprisonment.

A person found committing the offence may be arrested without warrant.

In this section—office includes appointment and employment.sch 1 pt 3 ch 13 s 97 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 1997AFalse representations in relation to government agencies

A person who makes a false representation that they are—

a government agency; or

acting on behalf of, or with the authority of, a government agency;

commits a misdemeanour.Maximum penalty—3 years imprisonment.

A person does not commit an offence against subsection (1)(a) or (b) if the person has a reasonable excuse.Example of a reasonable excuse—a person makes a false representation for a genuine artistic purpose

In this section—government agency means—

a public sector entity within the meaning of the Public Sector Act 2022, section 8; or

another entity prescribed by regulation to be a government agency.

sch 1 pt 3 ch 13 s 97A ins 2025 No. 20 s 10 Chapter 14Corrupt and improper practices at electionsChapter division 1Definitions for ch 14sch 1 pt 3 ch 14 ch div 1 hdg ins 2002 No. 8 s 4998DefinitionsIn this chapter—authorising Act, for an election, means the Act under which the election is held.sch 1 pt 3 ch 14 ch div 1 s 98 def authorising Act ins 2008 No. 55 s 20ballot box includes any receptacle in which voting papers are put before being counted at an election.election includes any election held under the authority of any statute providing for the choice of persons to fill any office or place of a public character.sch 1 pt 3 ch 14 ch div 1 s 98 def election amd 1990 No. 101 s 19 (a); 1997 No. 82 s 3 sch; 2002 No. 8 s 50 (2)elector includes any person entitled to vote at an election.municipal election...sch 1 pt 3 ch 14 ch div 1 s 98 def municipal election om 1993 No. 70 s 804 sch; 2010 No. 2 s 89 sch 1parliamentary election...sch 1 pt 3 ch 14 ch div 1 s 98 def parliamentary election amd 1990 No. 101 s 19 (b); 1997 No. 82 s 3 schom 2002 No. 8 s 50 (1)polling booth...sch 1 pt 3 ch 14 ch div 1 s 98 def polling booth om 2010 No. 2 s 89 sch 1Chapter division 2Legislative Assembly elections and referendumssch 1 pt 3 ch 14 ch div 2 hdg ins 2002 No. 8 s 51amd 2011 No. 27 s 25898AReference to election or referendumIn this chapter division—

a reference to an election is a reference to an election of a member or members of the Legislative Assembly; and

a reference to a referendum is a reference to a referendum under the Referendums Act 1997.

sch 1 pt 3 ch 14 ch div 2 s 98A ins 1992 No. 28 s 197sub 1993 No. 70 s 804 sch; 2002 No. 8 s 51amd 2011 No. 27 s 25998BFalse or misleading information

A person who gives information to the Electoral Commission of Queensland under the Electoral Act 1992 or Referendums Act 1997, including information in a document, that the person knows is false or misleading in a material particular is guilty of a crime.Maximum penalty—7 years imprisonment.

Subsection (1) does not apply to a person giving a document if, when giving the document to someone, the person—

informs the other person, to the best of the person’s ability, how it is false or misleading; and

if the person has, or can reasonably obtain, the correct information—gives the other person the correct information.

sch 1 pt 3 ch 14 ch div 2 s 98B ins 2002 No. 8 s 51amd 2008 No. 55 s 2198CBribery

A person who—

asks for or receives; or

offers, or agrees, to ask for or receive;

a benefit of any kind, whether for himself or herself or for someone else, on the understanding that the person’s election conduct will be influenced or affected is guilty of a crime.Maximum penalty—7 years imprisonment.

A person who, in order to influence or affect another person’s election conduct, gives a benefit of any kind to anyone is guilty of a crime.Maximum penalty—7 years imprisonment.

In this section—election conduct of a person means—

the way in which the person votes at an election or referendum; or

the person’s nominating as a candidate for an election; or

the person’s support of, or opposition to, a candidate or a political party at an election; or

the person’s approval or disapproval of the Bill or question submitted to the electors at a referendum.

give includes promise or offer to give.sch 1 pt 3 ch 14 ch div 2 s 98C ins 2002 No. 8 s 51amd 2004 No. 43 s 2898DForging or uttering electoral or referendum paper

A person who—

forges an electoral or referendum paper; or

utters a forged electoral or referendum paper knowing it to be forged;

is guilty of a crime.Maximum penalty—10 years imprisonment.

A person who makes the signature of another person on—

an electoral paper, unless the person is authorised to do so under the Electoral Act 1992; or

a referendum paper, unless the person is authorised to do so under the Referendums Act 1997;

is guilty of a crime.Maximum penalty—10 years imprisonment.

In this section—electoral paper means a ballot paper, declaration envelope or other document issued by the Electoral Commission of Queensland under the Electoral Act 1992.referendum paper means a ballot paper, declaration envelope or other document issued by the Electoral Commission of Queensland under the Referendums Act 1997.sch 1 pt 3 ch 14 ch div 2 s 98D ins 2002 No. 8 s 5198EInfluencing voting

A person who improperly influences the vote of a person at an election or referendum is guilty of a crime.Maximum penalty—2 years imprisonment.

In this section—improperly influence means influence by intimidation or violence.sch 1 pt 3 ch 14 ch div 2 s 98E ins 2002 No. 8 s 5198FProviding money for illegal paymentsA person who knowingly provides money for—

a payment that is contrary to law relating to elections or referendums; or

replacing any money that has been spent in making a payment that is contrary to law relating to elections or referendums;

is guilty of a crime.Maximum penalty—2 years imprisonment.sch 1 pt 3 ch 14 ch div 2 s 98F ins 2002 No. 8 s 5198GVoting if not entitledA person who, at an election or referendum—

votes in the name of another person, including a dead or fictitious person; or

votes more than once; or

casts a vote that the person knows the person is not entitled to cast; or

procures someone to vote who, to the procuring person’s knowledge, is not entitled to vote;

is guilty of a crime.Maximum penalty—3 years imprisonment.sch 1 pt 3 ch 14 ch div 2 s 98G ins 2002 No. 8 s 51Chapter division 3Other electionssch 1 pt 3 ch 14 ch div 3 hdg ins 2002 No. 8 s 5198HApplication of ch div 3This chapter division applies to an election other than—

an election of a member or members of the Legislative Assembly; or

an election for a local government.

sch 1 pt 3 ch 14 ch div 3 s 98H ins 2002 No. 8 s 5199Voting if not entitled

A person who votes at an election in the name of another person, including a dead or fictitious person, commits a misdemeanour.Maximum penalty—2 years imprisonment.

A person who votes at an election more often than the person is entitled to vote at the election commits a misdemeanour.Maximum penalty—2 years imprisonment.

A person who casts a vote at an election that the person knows the person is not entitled to cast commits a misdemeanour.Maximum penalty—2 years imprisonment.

A person who procures another person to vote at an election who, to the procurer’s knowledge, is not entitled to vote at the election commits a misdemeanour.Maximum penalty—2 years imprisonment.

A person who, at an election for which voting is by post, attests the signature to a voting paper of a person who is, to the first person’s knowledge, not entitled to vote at the election by way of the voting paper commits a misdemeanour.Maximum penalty—2 years imprisonment.sch 1 pt 3 ch 14 ch div 3 s 99 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 22100Hindering or interfering with voting conduct

A person who, in order to hinder or interfere with another person’s voting conduct—

acts fraudulently; or

uses or threatens to use force against any person; or

causes or threatens to cause a detriment to any person;

commits a misdemeanour.Maximum penalty—1 year’s imprisonment.

A person who causes or threatens to cause a detriment to another person (the affected person) because of the voting conduct of any person (whether or not the affected person) commits a misdemeanour.Maximum penalty—1 year’s imprisonment.

In this section—voting conduct of a person means—

the person’s voting or not voting at an election; or

the way in which the person votes at an election.

sch 1 pt 3 ch 14 ch div 3 s 100 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 22101Bribery

A person who—

asks for or receives; or

offers, or agrees, to ask for or receive;

a benefit, whether for the person or for another person, on the understanding that the person’s election conduct will be influenced or affected commits a misdemeanour.Maximum penalty—1 year’s imprisonment.

A person who, in order to influence or affect the election conduct of another person (the affected person), gives a benefit to any person (whether or not the affected person) commits a misdemeanour.Maximum penalty—1 year’s imprisonment.

In this section—election conduct of a person means—

the person’s voting or not voting at an election; or

the way in which the person votes at an election; or

the person’s nominating as a candidate for an election; or

the person’s support of, or opposition to, a candidate at an election.

give includes promise and offer to give.sch 1 pt 3 ch 14 ch div 3 s 101 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 22102Publishing false information about a candidateA person who, before or during an election, in order to affect the election result, knowingly publishes false information about—

a candidate’s personal character or conduct; or

whether a candidate has withdrawn from the election;

commits a misdemeanour.Maximum penalty—1 year’s imprisonment.sch 1 pt 3 ch 14 ch div 3 s 102 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 22103Providing money for illegal paymentsA person who knowingly provides money—

for a payment that is contrary to this chapter division or the authorising Act for an election; or

to replace money that has been spent in making a payment mentioned in paragraph (a);

commits an offence.Maximum penalty—10 penalty units.sch 1 pt 3 ch 14 ch div 3 s 103 amd 1973 No. 8 s 25; 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 schsub 2008 No. 55 s 22104Election notices to contain particular matters

A person who, before or during an election, prints or publishes, or permits another person to print or publish, an election notice for the election that does not state the name and address of the person who authorised the notice commits an offence.Maximum penalty—3 penalty units.

In this section—address means address other than a post office box.election notice means a notice containing anything able to, or intended to—

influence an elector in relation to voting in an election; or

affect the result of an election.

notice includes a poster, handbill and pamphlet.publish includes publish on the internet, even if the internet site on which the publication is made is located outside Queensland.sch 1 pt 3 ch 14 ch div 3 s 104 prev s 104 om 1993 No. 70 s 804 schpres s 104 ins 2008 No. 55 s 22105sch 1 pt 3 ch 14 ch div 3 s 105 amd 1993 No. 70 s 804 schom 2008 No. 55 s 22106sch 1 pt 3 ch 14 ch div 3 s 106 amd 1990 No. 101 s 20; 1993 No. 70 s 804 schom 2008 No. 55 s 22107Corrupt and illegal practices—time

A prosecution for any of the offences defined in sections 99 to 104 must be begun within 1 year after the offence is committed.

The service or execution of process on or against the alleged offender is deemed to be the commencement of the prosecution, unless such service or execution is prevented by some act on the person’s part, in which case the issue of the process is deemed to be the commencement of the proceeding.sch 1 pt 3 ch 14 ch div 3 s 107 amd 1993 No. 70 s 804 schamd 2008 No. 55 s 23108Interfering at electionsA person who wilfully interrupts, obstructs or disturbs a proceeding at an election commits a misdemeanour.Maximum penalty—3 years imprisonment.sch 1 pt 3 ch 14 ch div 3 s 108 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 24109Electors attempting to violate secrecy of ballotAny person who, having received a ballot paper from the presiding officer at an election—

wilfully makes on the ballot paper any mark or writing not expressly authorised by law; or

wilfully fails to fold up the ballot paper in such a manner as to conceal how the person has voted; or

wilfully fails to deposit the ballot paper in the ballot box in the presence of the presiding officer;

commits a misdemeanour.Maximum penalty—3 years imprisonment.sch 1 pt 3 ch 14 ch div 3 s 109 amd 1988 No. 88 s 5 sch 2; 1990 No. 101 s 21; 2008 No. 55 s 25110Stuffing ballot boxesA person who wilfully puts in a ballot box a ballot paper that has not been lawfully handed to, and marked by, an elector commits a crime.Maximum penalty—7 years imprisonment.sch 1 pt 3 ch 14 ch div 3 s 110 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 26111Presiding officer helping an elector with a disabilityIf—

a presiding officer at an election agrees to help an elector who is blind, or otherwise unable to vote without help, by marking the elector’s ballot paper for the elector; and

the presiding officer wilfully fails to mark the ballot paper—

in the way requested by the elector; and

in the sight of anyone else lawfully present;

the presiding officer commits a misdemeanour.Maximum penalty—3 years imprisonment.sch 1 pt 3 ch 14 ch div 3 s 111 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 26112False or misleading information

A person (the giver) who gives to another person, under the authorising Act for an election, for a purpose relating to the election, information that the giver knows is false or misleading in a material particular commits a crime.Maximum penalty—7 years imprisonment.

Subsection (1) does not apply if, when giving information in a document, the giver—

informs the recipient, to the best of the giver’s ability, how it is false or misleading; and

if the giver has, or can reasonably obtain, the correct information—gives the correct information to the recipient.

sch 1 pt 3 ch 14 ch div 3 s 112 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 26113Interfering with secrecy at elections

This section applies to an election at which voting is by ballot.

A person who unfolds a ballot paper that has been marked and folded by an elector at the election commits a misdemeanour.Maximum penalty—2 years imprisonment.

An officer who ascertains or discovers, or attempts to ascertain or discover, how an elector has voted at the election commits a misdemeanour.Maximum penalty—2 years imprisonment.

An officer who discloses any information about how an elector has voted at the election commits a misdemeanour.Maximum penalty—2 years imprisonment.

An officer who places a mark or writing on an elector’s ballot paper commits a misdemeanour.Maximum penalty—2 years imprisonment.

A person does not commit an offence against this section only by doing something the person is ordered by a court or authorised under the authorising Act to do.

Also this section does not apply to a police officer doing a thing in the course of performing a duty of a police officer.

In this section—officer, in relation to an election, means a person performing duties at the election under the authorising Act.sch 1 pt 3 ch 14 ch div 3 s 113 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 26114Breaking the seal of a parcel at elections

A person who wilfully opens or breaks the seal of a parcel sealed under the authorising Act for an election commits a misdemeanour.Maximum penalty—2 years imprisonment.

A person does not commit an offence against subsection (1) only by doing something the person is ordered by a court or authorised under the authorising Act to do.

Also subsection (1) does not apply to a police officer doing a thing in the course of performing a duty of a police officer.sch 1 pt 3 ch 14 ch div 3 s 114 amd 1988 No. 88 s 5 sch 2; 1990 No. 101 s 22sub 2008 No. 55 s 26115sch 1 pt 3 ch 14 ch div 3 s 115 amd 1952 1 Eliz 2 No. 4 s 25; 1988 No. 88 s 5 sch 2; 1990 No. 101 s 23om 2008 No. 55 s 26116sch 1 pt 3 ch 14 ch div 3 s 116 om 2008 No. 55 s 26117sch 1 pt 3 ch 14 ch div 3 s 117 amd 1988 No. 88 s 5 sch 2om 2008 No. 55 s 26 Chapter 15Selling and trafficking in offices118Bargaining for offices in public serviceAny person who—

corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person or any other person, with regard to the appointment or contemplated appointment of any person to any office or employment in the public service, or with regard to any application by any person for employment in the public service; or

corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any person any property or benefit of any kind on account of any such act or omission;

is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court.sch 1 pt 3 ch 15 s 118 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch Chapter 16Offences relating to the administration of justice119Definitions for ch 16In this chapter—family see section 119A.judicial proceeding includes any proceeding had or taken in or before any court, tribunal or person, in which evidence may be taken on oath.sch 1 pt 3 ch 16 s 119 sub 2002 No. 23 s 9119AMeaning of family

Each of the following is a member of a person’s family—

a spouse of the person;

a child of the person;

a parent, grandparent, grandchild or sibling of the person, including—

if the person is an Aboriginal person, a person—

who is recognised under Aboriginal tradition as a member of the Aboriginal person’s family; andNote—‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act.

with whom the Aboriginal person has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual; or

if the person is a Torres Strait Islander, a person—

who is recognised under Island custom as a member of the Torres Strait Islander’s family; andNote—‘Island custom’ is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act.

with whom the Torres Strait Islander has a relationship like that between an individual and a parent, grandparent, grandchild or sibling of the individual.

For subsection (1)(b)—

a biological, adopted, step or foster child of a person is a child of the person; and

an individual who is under 18 years and ordinarily a member of a person’s household is also a child of the person; and

if a person is an Aboriginal person, an individual who is recognised under Aboriginal tradition as a child of the person is also a child of the person; and

if a person is a Torres Strait Islander, an individual who is recognised under Island custom as a child of the person is also a child of the person.

sch 1 pt 3 ch 16 s 119A ins 2002 No. 23 s 9amd 2002 No. 74 s 90 sch; 2013 No. 39 s 111 sch 4119BRetaliation against or intimidation of judicial officer, juror, witness etc.

A person who, without reasonable cause, causes, or threatens to cause, any injury or detriment to a judicial officer, juror, witness or member of a community justice group, or a member of the family of a judicial officer, juror, witness or member of a community justice group, for the purpose of retaliation or intimidation because of—

anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by the judicial officer as a judicial officer; or

anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by the juror or witness in any judicial proceeding; or

anything lawfully done or omitted to be done or that may be lawfully done or omitted to be done by any member of the community justice group a representative of which makes or may make a submission—

to a court or police officer under the Bail Act 1980 about a defendant who is an Aboriginal or Torres Strait Islander person; or

to a court or police officer under the Youth Justice Act 1992 about a child who is an Aboriginal or Torres Strait Islander person; or

to a court under the Penalties and Sentences Act 1992 about an offender who is an Aboriginal or Torres Strait Islander person;

is guilty of a crime.Maximum penalty—7 years imprisonment.

The offender is liable to a maximum penalty of 10 years imprisonment if the act constituting the offence is done in relation to a proceeding before a court for a prescribed offence charged with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—community justice group means—

for a defendant under the Bail Act 1980—see the Bail Act 1980, section 6; or

for a child—see the Youth Justice Act 1992, schedule 4; or

for an offender under the Penalties and Sentences Act 1992—see the Penalties and Sentences Act 1992, section 4.

injury or detriment includes intimidation.intimidation includes harassment.prescribed offence see the Penalties and Sentences Act 1992, section 161N.sch 1 pt 3 ch 16 s 119B ins 2002 No. 23 s 9amd 2007 No. 59 s 69; 2009 No. 34 s 45 (1) sch pt 1 amdt 12; 2009 No. 53 s 148; 2016 No. 62 s 71; 2016 No. 58 s 10 sch 1120Judicial corruption

Any person who—

being a judicial officer, corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person in the person’s judicial capacity; or

corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, a judicial officer, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the judicial officer;

is guilty of a crime, and is liable to imprisonment for 14 years, and to be fined at the discretion of the court.

However, if the judicial officer is an arbitrator or umpire, the maximum term of imprisonment to which the person is liable is 7 years.

The offender can not be arrested without warrant.

A prosecution for an offence against subsection (1) can not be started without a Crown Law Officer’s consent.sch 1 pt 3 ch 16 s 120 amd 26 March 1994 RA s 39; 1999 No. 66 s 6 sch; 2002 No. 23 s 10121Official corruption not judicial but relating to offences

Any person who—

being a justice not acting judicially, or being a person employed in the public service in any capacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by the person, with a view to corrupt or improper interference with the due administration of justice, or the procurement or facilitation of the commission of any offence, or the protection of any offender or intending offender from detection or punishment; or

corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any such person, or to, upon, or for, any other person, any property or benefit of any kind, on account of any such act or omission on the part of the justice or other person so employed;

is guilty of a crime, and is liable to imprisonment for 14 years, and to be fined at the discretion of the court.

The offender can not be arrested without warrant.sch 1 pt 3 ch 16 s 121 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch122Corruption of jurors

Any person who—

attempts by threats or intimidation of any kind, or by benefits or promises of benefit of any kind, or by other corrupt means, to influence any person, whether a particular person or not, in the person’s conduct as a juror in any judicial proceeding, whether the person has been sworn as a juror or not; or

accepts any benefit or promise of benefit on account of anything to be done by the person as a juror in any judicial proceeding, whether the person has been sworn as a juror or not, or on account of anything already done by the person as a juror in any judicial proceeding;

is guilty of a crime.Maximum penalty—7 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 3 ch 16 s 122 amd 1988 No. 88 s 5 sch 2; 2002 No. 23 s 11; 2016 No. 62 s 72123Perjury

Any person who in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a crime, which is called perjury.

It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.

The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if the person assents to the forms and ceremonies actually used.

It is immaterial whether the false testimony is given orally or in writing.

It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

The offender can not be arrested without warrant.123APerjury—contradictory statementsIf, on the trial of a person for perjury, the jury is satisfied that—

the accused has made 2 statements on oath or under another sanction authorised by law, 1 of which is irreconcilably in conflict with the other; and

the accused made 1 of the statements knowing it to be false;

but the jury is unable to say which statement was falsely made, the jury may make a special finding to that effect and find the accused guilty of perjury.sch 1 pt 3 ch 16 s 123A ins 1997 No. 3 s 17124Punishment of perjury

Any person who commits perjury is liable to imprisonment for 14 years.

If the offender commits the crime in order to procure the conviction of another person for a crime punishable with imprisonment for life, the offender is liable to imprisonment for life.sch 1 pt 3 ch 16 s 124 amd 1922 13 Geo 5 No. 2 s 3(viii); 1988 No. 88 s 5 sch 2125Evidence on charge of perjuryA person can not be convicted of committing perjury or of counselling or procuring the commission of perjury upon the uncorroborated testimony of 1 witness.126Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding—

fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or

knowingly makes use of such fabricated evidence;

is guilty of a crime, and is liable to imprisonment for 7 years.

The offender can not be arrested without warrant.sch 1 pt 3 ch 16 s 126 amd 1988 No. 88 s 5 sch 2127Corruption of witnesses

Any person who—

gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or

attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or to withhold true testimony; or

asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony;

is guilty of a crime, and is liable to imprisonment for 7 years.

The offender can not be arrested without warrant.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 3 ch 16 s 127 amd 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch; 2016 No. 62 s 73128Deceiving witnessesAny person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 3 ch 16 s 128 amd 1988 No. 88 s 5 sch 2129Damaging evidence with intentA person who, knowing something is or may be needed in evidence in a judicial proceeding, damages it with intent to stop it being used in evidence commits a misdemeanour.Maximum penalty—7 years imprisonment.sch 1 pt 3 ch 16 s 129 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 27130Preventing witnesses from attendingAny person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons, commits a misdemeanour.Maximum penalty—3 years imprisonment.sch 1 pt 3 ch 16 s 130 amd 2008 No. 55 s 28131Conspiracy to bring false accusation

Any person who conspires with another to charge any person or cause any person to be charged with any offence, whether alleged to have been committed in Queensland, or elsewhere, knowing that such person is innocent of the alleged offence, or not believing the person to be guilty of the alleged offence, is guilty of a crime.

If the offence is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is liable to imprisonment for life.

If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, the offender is liable to imprisonment for 14 years.

In any other case the offender is liable to imprisonment for 7 years.

The offender can not be arrested without warrant.

A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.sch 1 pt 3 ch 16 s 131 amd 1922 13 Geo 5 No. 2 s 3(ix); 1986 No. 1 s 10; 1988 No. 88 s 5 sch 2132Conspiring to defeat justice

Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a crime, and is liable to imprisonment for 7 years.

The offender can not be arrested without warrant.

A prosecution for an offence defined in this section shall not be instituted without the consent of the Attorney-General.sch 1 pt 3 ch 16 s 132 amd 1986 No. 1 s 11; 1988 No. 88 s 5 sch 2133Compounding an indictable offence

Any person who asks for, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself, herself or any other person, upon any agreement or understanding that the person will compound or conceal an indictable offence, or will abstain from, discontinue, or delay, a prosecution for an indictable offence, or will withhold any evidence thereof, is guilty of an indictable offence.

If the indictable offence is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is guilty of a crime, and is liable to imprisonment for 7 years.

In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

The offender can not be arrested without warrant.

Subsection (1) does not apply to an act done for the purpose of the following—

negotiations in accordance with established legal practice between a lawyer representing the alleged offender and the prosecution to achieve a just outcome in relation to the proceedings for the offence;

mediation in good faith between the alleged offender and a victim of the offence or anyone acting in the interests of the victim in relation to an apology, compensation or restitution;

dispute resolution relating to the alleged offence;

discussions in good faith between the alleged offender and police officers calculated to ameliorate the conduct of the offender relevant to the alleged offence.

sch 1 pt 3 ch 16 s 133 amd 1922 13 Geo 5 No. 2 s 3(x); 1988 No. 88 s 5 sch 2; 1999 No. 66 s 6 sch; 2008 No. 55 s 29134sch 1 pt 3 ch 16 s 134 om 2008 No. 55 s 30135sch 1 pt 3 ch 16 s 135 om 2008 No. 55 s 31136Justices exercising jurisdiction in a matter of personal interestA person who, being a justice, wilfully and perversely exercises jurisdiction in a matter in which the justice has a personal interest commits a misdemeanour.Maximum penalty—3 years imprisonment.sch 1 pt 3 ch 16 s 136 sub 2008 No. 55 s 32137Delay to take person arrested before magistrate

Any person who, having arrested another upon a charge of an offence, wilfully and without lawful excuse delays to take the person before a justice to be dealt with according to law is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

For subsection (1)—

if the person carrying out the arrest is a police officer, it is sufficient if the person complies with the requirements of the Police Powers and Responsibilities Act 2000, section 393; and

if the person carrying out the arrest is not a police officer, it is sufficient if the person immediately delivers the arrested person into the custody of a police officer as mentioned in section 552(2).

sch 1 pt 3 ch 16 s 137 amd 2000 No. 5 s 373 sch 2; 2008 No. 55 s 33138sch 1 pt 3 ch 16 s 138 om 2008 No. 55 s 34139Inserting advertisement without authority of courtAny person who, without authority, or knowing the advertisement to be false in any material particular, inserts or causes to be inserted in the gazette or in any newspaper an advertisement purporting to be published under the authority of any court or tribunal is guilty of a misdemeanour, and is liable to imprisonment for 2 years.sch 1 pt 3 ch 16 s 139 amd 1988 No. 88 s 5 sch 2140Attempting to pervert justice

A person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime.Maximum penalty—7 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.sch 1 pt 3 ch 16 s 140 amd 1988 No. 88 s 5 sch 2sub 2003 No. 77 s 45amd 2016 No. 62 s 74 Chapter 17Escapes—obstructing officers of courtssch 1 pt 3 ch 17 hdg amd 1992 No. 25 s 3141Aiding persons to escape from lawful custodyA person who—

aids a person in lawful custody to escape, or to attempt to escape, from lawful custody; or

conveys anything to a person in lawful custody, or to a place where a person is or will be in lawful custody, with the intention of aiding a person to escape from lawful custody; or

frees a person from lawful custody without authority;

is guilty of a crime.Maximum penalty—imprisonment for 7 years.sch 1 pt 3 ch 17 s 141 amd 1922 13 Geo 5 No. 2 s 3(xi); 1971 No. 41 s 7; 1988 No. 88 s 5 sch 2sub 1992 No 25 s 4142Escape by persons in lawful custodyA person who escapes from lawful custody is guilty of a crime.Maximum penalty—imprisonment for 7 years.sch 1 pt 3 ch 17 s 142 amd 1988 No. 88 s 5 sch 2sub 1992 No. 25 s 4143Permitting escapeA person who is responsible for keeping another person in lawful custody and permits the other person to escape is guilty of a crime.Maximum penalty—imprisonment for 7 years.sch 1 pt 3 ch 17 s 143 amd 1988 No. 88 s 5 sch 2sub 1992 No. 25 s 4144Harbouring escaped prisoners etc.A person who harbours, maintains or employs another person knowing that the other person has escaped from lawful custody is guilty of a crime.Maximum penalty—imprisonment for 2 years.sch 1 pt 3 ch 17 s 144 amd 1988 No. 88 s 5 sch 2sub 1992 No. 25 s 4145sch 1 pt 3 ch 17 s 145 sub 1992 No. 25 s 4om 1992 No. 48 s 207 sch145ASections 141 to 144 do not apply to certain types of custodySections 141 to 144 do not apply to—

the custody of a patient mentioned in the Mental Health Act 2016; or

the custody of a child under the Child Protection Act 1999; or

the custody of a forensic disability client mentioned in the Forensic Disability Act 2011;

unless the person is held in a corrective services facility within the meaning of the Corrective Services Act 2006.sch 1 pt 3 ch 17 s 145A ins 1992 No. 25 s 4amd 1999 No. 10 s 205 sch 3; 2000 No. 16 s 590 sch 1 pt 2; 2000 No. 46 s 3 sch; 2000 No. 63 s 276 sch 2; 2002 No. 23 s 3 sch; 2006 No. 29 s 518 sch 3; 2011 No. 13 s 172; 2016 No. 5 s 868145BEvidence of lawful custodyEvidence given by a person authorised by the chief executive (corrective services) to give the evidence that a person is, or on a particular date was, in lawful custody is to be admitted as prima facie evidence of the custody.sch 1 pt 3 ch 17 s 145B ins 1992 No. 25 s 4amd 1999 No. 9 s 3 sch145Csch 1 pt 3 ch 17 s 145C ins 1992 No. 25 s 4om 1997 No. 3 s 120 sch 1146sch 1 pt 3 ch 17 s 146 amd 1988 No. 88 s 5 sch 2om 2000 No. 16 s 590 sch 1 pt 2147Removing etc. property under lawful seizureAny person who, when any property has been attached or taken under the process or authority of any court of justice, knowingly, and with intent to hinder or defeat the attachment, or process, receives, removes, retains, conceals, or disposes of, such property, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.sch 1 pt 3 ch 17 s 147 amd 1988 No. 88 s 5 sch 2148Obstructing officers of courts of justiceAny person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court of justice commits a misdemeanour.Maximum penalty—2 years imprisonment.sch 1 pt 3 ch 17 s 148 amd 1988 No. 88 s 5 sch 2; 1997 No. 3 s 18; 2008 No. 55 s 35 Chapter 18sch 1 pt 3 ch 18 hdg om 1997 No. 3 s 120 sch 1149sch 1 pt 3 ch 18 s 149 om 1997 No. 3 s 120 sch 1150sch 1 pt 3 ch 18 s 150 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1151sch 1 pt 3 ch 18 s 151 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1152sch 1 pt 3 ch 18 s 152 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1153sch 1 pt 3 ch 18 s 153 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1154sch 1 pt 3 ch 18 s 154 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1155sch 1 pt 3 ch 18 s 155 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1156sch 1 pt 3 ch 18 s 156 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1157sch 1 pt 3 ch 18 s 157 amd 1900 64 Vic No. 7 s 1 sch; 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1158sch 1 pt 3 ch 18 s 158 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1159sch 1 pt 3 ch 18 s 159 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1160sch 1 pt 3 ch 18 s 160 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1161sch 1 pt 3 ch 18 s 161 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1162sch 1 pt 3 ch 18 s 162 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1163sch 1 pt 3 ch 18 s 163 om 1997 No. 3 s 120 sch 1 Chapter 19sch 1 pt 3 ch 19 hdg om 1997 No. 3 s 120 sch 1164sch 1 pt 3 ch 19 s 164 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1165sch 1 pt 3 ch 19 s 165 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1166sch 1 pt 3 ch 19 s 166 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1167sch 1 pt 3 ch 19 s 167 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1168sch 1 pt 3 ch 19 s 168 om 1997 No. 3 s 120 sch 1169sch 1 pt 3 ch 19 s 169 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1170sch 1 pt 3 ch 19 s 170 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1171sch 1 pt 3 ch 19 s 171 amd 26 Match 1994 RA s 39om 1997 No. 3 s 120 sch 1172sch 1 pt 3 ch 19 s 172 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1173sch 1 pt 3 ch 19 s 173 om 1997 No. 3 s 120 sch 1174sch 1 pt 3 ch 19 s 174 om 1997 No. 3 s 120 sch 1175sch 1 pt 3 ch 19 s 175 om 1997 No. 3 s 120 sch 1176sch 1 pt 3 ch 19 s 176 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1177sch 1 pt 3 ch 19 s 177 om 1997 No. 3 s 120 sch 1178sch 1 pt 3 ch 19 s 178 om 1997 No. 3 s 120 sch 1179sch 1 pt 3 ch 19 s 179 om 1997 No. 3 s 120 sch 1180sch 1 pt 3 ch 19 s 180 om 1997 No. 3 s 120 sch 1181sch 1 pt 3 ch 19 s 181 om 1997 No. 3 s 120 sch 1182sch 1 pt 3 ch 19 s 182 om 1997 No. 3 s 120 sch 1183sch 1 pt 3 ch 19 s 183 om 1997 No. 3 s 120 sch 1184sch 1 pt 3 ch 19 s 184 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1185sch 1 pt 3 ch 19 s 185 om 1997 No. 3 s 120 sch 1186sch 1 pt 3 ch 19 s 186 om 1997 No. 3 s 120 sch 1187sch 1 pt 3 ch 19 s 187 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1188sch 1 pt 3 ch 19 s 188 om 1997 No. 3 s 120 sch 1189sch 1 pt 3 ch 19 s 189 om 1997 No. 3 s 120 sch 1190sch 1 pt 3 ch 19 s 190 om 1997 No. 3 s 120 sch 1191sch 1 pt 3 ch 19 s 191 amd 26 March 1994 RA s 39om 1997 No. 3 s 120 sch 1 Chapter 20Miscellaneous offences against public authority192sch 1 pt 3 ch 20 s 192 om 1922 13 Geo 5 No. 2 s 3

193False verified statements

A person who makes a verified statement that the person knows is false in a material particular when the person is required by law to make the statement in the form of a verified statement commits a crime.Maximum penalty—7 years imprisonment.

The person can not be arrested without a warrant.

In this section—verified statement means—

a statement made on oath or under another sanction that may by law be substituted for an oath; or

a statement verified by solemn declaration or affirmation.

sch 1 pt 3 ch 20 s 193 amd 1988 No. 88 s 5 sch 2sub 2008 No. 55 s 36194False declarations

A person who makes a declaration that the person knows is false in a material particular, whether or not the person is permitted or required by law to make the declaration, before a person authorised by law to take or receive declarations, commits a misdemeanour.Maximum penalty—3 years imprisonment.

In this section—declaration includes a statement and an affidavit.sch 1 pt 3 ch 20 s 194 amd 1988 No. 88 s 5 sch 2sub 1997 No. 3 s 19195EvidenceA person can not be convicted of any of the offences defined in sections 193 and 194 upon the uncorroborated testimony of 1 witness.195AContradictory statements—false statements or declarationsIf, on the trial of a person for an offence defined in section 193 or 194, the jury is satisfied that—

the accused has made 2 statements or declarations and 1 is irreconcilably in conflict with the other; and

the accused made 1 of the statements or declarations knowing it to be false;

but the jury is unable to say which statement or declaration was falsely made, the jury may make a special finding to that effect and find the accused guilty of the offence.sch 1 pt 3 ch 20 s 195A ins 1997 No. 3 s 20196sch 1 pt 3 ch 20 s 196 amd 1988 No. 88 s 5 sch 2om 1997 No. 3 s 120 sch 1197sch 1 pt 3 ch 20 s 197 amd 1988 No. 88 s 5 sch 2om 1997 No. 3 s 120 sch 1198sch 1 pt 3 ch 20 s 198 om 1997 No. 3 s 120 sch 1199Resisting public officersAny person who in any manner obstructs or resists any public officer while engaged in the discharge or attempted discharge of the duties of his or her office under any statute, or obstructs or resists any person while engaged in the discharge or attempted discharge of any duty imposed on the person by any statute, is guilty of a misdemeanour, and is liable to imprisonment for 2 years.sch 1 pt 3 ch 20 s 199 amd 1988 No. 88 s 5 sch 2200Refusal by public officer to perform dutyAny person who, being employed in the public service, or as an officer of any court or tribunal, perversely and without lawful excuse omits or refuses to do any act which it is his or her duty to do by virtue of his or her employment is guilty of a misdemeanour, and is liable to imprisonment for 2 years, and to be fined at the discretion of the court.201sch 1 pt 3 ch 20 s 201 om 2008 No. 55 s 37202sch 1 pt 3 ch 20 s 202 om 2008 No. 55 s 37203sch 1 pt 3 ch 20 s 203 om 2008 No. 55 s 37204Disobedience to statute law

Any person who without lawful excuse, the proof of which lies on the person, does any act which the person is, by the provisions of any public statute in force in Queensland, forbidden to do, or omits to do any act which the person is, by the provisions of any such statute, required to do, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

The offender is liable to imprisonment for 1 year.205Disobedience to lawful order issued by statutory authority

Any person who without lawful excuse, the proof of which lies on the person, disobeys any lawful order issued by any court of justice, or by any person authorised by any public statute in force in Queensland to make the order, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

The offender is liable to imprisonment for 1 year.205AContravening order about device information from digital device

A person who, without reasonable excuse, contravenes—

an order made under the Police Powers and Responsibilities Act 2000, section 154(1) or (2), 154A(2) or 178A(1); or

an order made under the Crime and Corruption Act 2001, section 88A(1) or (2) or 88B(2);

commits a crime.Maximum penalty—5 years imprisonment.

It is not a reasonable excuse to contravene the order on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.sch 1 pt 3 ch 20 s 205A ins 2016 No. 62 s 75amd 2018 No. 20 s 11; 2020 No. 7 s 13