Division 4Division 4 Perjury, false statements etc
(1) Any person who in or in connection with any judicial proceeding makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury and liable to imprisonment for 10 years.(2) A statement can be considered to have been made in connection with a judicial proceeding whether or not a judicial proceeding has commenced, or ever commences, in connection with it.(3) The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made on the basis of any judicial proceeding likely to arise in connection with the statement.(4) The question of whether any matter is material to a proceeding is a question of law.
328 Perjury with intent to procure conviction or acquittal
Any person who commits perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.
329 Conviction for false swearing on indictment for perjury
If on the trial of a person for perjury the jury is not satisfied that the accused is guilty of perjury but is satisfied on the evidence that the accused is guilty of an offence under section 330 (False statement on oath not amounting to perjury) it may find the accused not guilty of the offence charged but guilty of the latter offence and the accused is liable to punishment accordingly.
330 False statement on oath not amounting to perjury
A person who makes on oath any false statement knowing the statement to be false or not believing it to be true, if it is not perjury, is liable to imprisonment for 5 years.
331 Contradictory statements on oath
If on the trial of a person for perjury or for an offence under section 330 (False statement on oath not amounting to perjury):(a) the trier of fact is satisfied that the accused has made 2 statements on oath and one is irreconcilably in conflict with the other, and(b) the trier of fact is satisfied that one of the statements was made by the accused knowing it was false or not believing it was true but the trier of fact cannot say which statement was so made,the trier of fact may make a special finding to that effect and find the accused guilty of perjury or of an offence under section 330, as appropriate, and the accused is liable to punishment accordingly.
332 Certain technical defects provided for
If on the trial of a person for perjury or for an offence under section 330 (False statement on oath not amounting to perjury):(a) any affidavit, deposition, examination or declaration offered in evidence is wrongly entitled or otherwise informal or defective, or(b) the jurat to any such instrument is informal or defective,the accused is not entitled to an acquittal because of the omission, defect or informality but the instrument (if otherwise admissible) may be given in evidence and used for all purposes of the trial.
(1) A person who procures, persuades, induces or otherwise causes a person to give false testimony the giving of which is perjury is guilty of subornation of perjury and liable to imprisonment for 7 years.(2) A person who commits subornation of perjury intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.
334 General provisions applicable to perjury and false statement offences
It is immaterial for the purposes of this Division:(a) whether a statement on oath is given orally or in writing, or(b) which forms and ceremonies are used in administering the oath (or otherwise binding the person giving the testimony to speak the truth) so long as the person assents to the forms and ceremonies actually used, or(c) whether (in the case of a statement made in a judicial proceeding) the judicial tribunal concerned is properly constituted or held in the proper place or not, so long as it actually acts as a judicial tribunal in the proceeding in which the statement is made, or(d) whether the person who makes the statement is a competent witness or not, or whether the statement is admissible in the proceeding or not, or(e) in the case of judicial proceedings in an arbitration, whether the law governing the arbitration agreement or the proceedings, or any other relevant law, is or is not the law of New South Wales.
335 False statements in evidence on commission
If a person, in giving any testimony (either orally or in writing) otherwise than on oath, when required to do so by an order under section 33 (Power of the Supreme Court to give effect to application for assistance) of the Evidence on Commission Act 1995, makes any statement that is false in a material particular, knowing the statement to be false or not believing it to be true, is liable to imprisonment for 5 years.
336 False entry on public register
(1) A person who for an improper purpose makes a statement for the making of an entry in any register kept by a public officer for a public purpose, knowing the statement to be false or misleading in a material particular, is liable to imprisonment for 5 years.(2) A person who for an improper purpose makes an entry in any register kept by a public officer for a public purpose, knowing the entry to be false or misleading in a material particular, is liable to imprisonment for 5 years.
337 False instruments issued by public officers
A public officer who, being authorised or required to issue an instrument whereby any person may be prejudicially affected, issues the instrument for an improper purpose knowing it to be false in a material particular is liable to imprisonment for 5 years.
338 Restrictions on prosecutions for perjury
(1) A person is not to be prosecuted for perjury except:(a) by the Director of Public Prosecutions, or(b) at the direction of the Attorney General, or(c) by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.(2) If it is impossible or impracticable to apply for leave to prosecute in accordance with subsection (1) (c), the prosecution may be instituted with leave of the Supreme Court.(3) A person is not to be prosecuted for perjury (except by the Director of Public Prosecutions or at the direction of the Attorney General) unless notice of the proposed prosecution has been given to the Director of Public Prosecutions.
339 Application of Division to perjury under other Acts
Any false oath declared by any Act to be perjury or made punishable as perjury by any Act is to be considered to be perjury for the purposes of this Act.