Section 35 — Crimes Act 1914: Giving false testimony

(1) A person commits an offence if: (a) the person gives false testimony touching a matter; and (b) the person does so: (i) in a judicial proceeding; or (ii) with the intention of instituting a judicial proceeding; and (c) the matter is material in the judicial proceeding; and (d) the judicial proceeding is a federal judicial proceeding. Penalty: Imprisonment for 5 years. (2) Strict liability applies to the paragraph (1)(c) element of the offence. Note: For strict liability, see section 6.1 of the Criminal Code. (3) Absolute liability applies to the paragraph (1)(d) element of the offence. Note: For absolute liability, see section 6.2 of the Criminal Code. (4) For the purposes of this section, it is immaterial: (a) whether the testimony is given: (i) on oath or not on oath; or (ii) orally or in writing; or (b) whether the court or judicial tribunal to which the testimony is given: (i) is properly constituted; or (ii) is held in the proper place; or (c) whether the person who gave the testimony is a competent witness; or (d) whether the testimony is admissible.