Section 678 — Fair Work Act 2009: False or misleading evidence

Giving false or misleading evidence (1) A person (the witness) commits an offence if: (a) the witness gives sworn or affirmed evidence; and (b) the witness gives the evidence as a witness: (i) in a matter before the FWC; or (ii) before a person taking evidence on behalf of the FWC for use in a matter that the witness will start by application to the FWC; and (c) the evidence is false or misleading. Penalty: Imprisonment for 12 months. Note: A person will not commit an offence if the person carries out the conduct constituting the offence under duress (see section 10.2 of the Criminal Code). Inducing or coercing another person to give false or misleading evidence (2) A person (the offender) commits an offence if: (a) another person (the witness) has been, or will be, required to appear as a witness in a matter before the FWC (whether the person is to appear before the FWC or a delegate of the FWC); and (b) the offender induces, threatens or intimidates the witness to give false or misleading evidence in the matter. Penalty: Imprisonment for 12 months.