Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 704

    (1)     For the offence of perjury or aggravated perjury, it does not matter whether—

        (a)     the sworn statement related to something material to the legal proceeding; or

        (b)     the sworn statement was admitted in evidence in the proceeding; or

        (c)     the court or other entity dealing with the proceeding had jurisdiction, was properly constituted or was sitting in the proper place; or

        (d)     the person who made the sworn statement was competent to give evidence in the proceeding; or

        (e)     there was any formal defect in the sworn statement.

    (2)     However, a person does not commit perjury or aggravated perjury if the person is not competent under the Evidence Act 2011

, section 13 (Competence—lack of capacity) to give sworn evidence.

    (3)     If the trier of fact is satisfied beyond reasonable doubt that a person committed perjury or aggravated perjury in relation to 1 of 2 sworn statements made by the person that are irreconcilably in conflict, the trier of fact may find the person guilty of perjury or aggravated perjury even though the trier of fact cannot decide which of the statements is false.

    (4)     For subsection (3), it does not matter whether the 2 statements were made in the same proceeding.

    (5)     If a sworn statement is about an opinion of the person making the statement, the statement is false for the offence of perjury or aggravated perjury if the opinion is not genuinely held by the person.

    (6)     It is not necessary for the conviction of a person for perjury or aggravated perjury that evidence of the perjury be corroborated.

    (7)     In this section:

"formal defect "includes—

        (a)     any formal error; and

        (b)     any irregularity; and

        (c)     any noncompliance with a rule of court, approved form or rule of practice.