Section 37 — Crimes Act 1914: Corruption of witnesses

Agreements or understandings (1) A person (the first person) commits an offence if: (a) the first person: (i) gives, confers or procures any property, or benefit, of any kind to, upon or for another person; or (ii) promises or offers to give, to confer, to procure or to attempt to procure any property, or benefit, of any kind to, upon or for another person; or (iii) asks for, receives or obtains any property, or benefit, of any kind for himself or herself or another person; or (iv) agrees to receive or to obtain any property, or benefit, of any kind for himself or herself or another person; and (b) the first person does so upon an agreement or understanding that any person called, or to be called, as a witness in a judicial proceeding will: (i) give false testimony; or (ii) withhold true testimony; 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. Inducing false testimony (3) A person commits an offence if: (a) the person does an act; and (b) the person does so with the intention of inducing a person called, or to be called, as a witness in a judicial proceeding: (i) to give false testimony; or (ii) to withhold true testimony; and (c) the judicial proceeding is a federal judicial proceeding. Penalty: Imprisonment for 5 years. (4) Absolute liability applies to the paragraph (3)(c) element of the offence. Note: For absolute liability, see section 6.2 of the Criminal Code.