Northern Territory Numbered Acts

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OATHS, AFFIDAVITS AND DECLARATIONS ACT 2010 (NO 39 OF 2010) - SECT 27

Altering an affidavit or declaration to become false or misleading

    (1)     A person must not do anything to an affidavit, statutory declaration or unattested declaration that results in it becoming false or misleading.

Fault elements:

The person:

    (a)     intentionally does the thing; and

    (b)     in doing the thing, intends the affidavit or declaration to become false or misleading.

Maximum penalty:     400 penalty units or imprisonment for 4 years.

    (2)     A person must not do anything to an affidavit, statutory declaration or unattested declaration that results in it becoming false or misleading.

Fault elements:

The person:

    (a)     intentionally does the thing; and

    (b)     in doing the thing, is reckless as to whether the affidavit or declaration becomes false or misleading.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (3)     If on the trial of a person charged with an offence against subsection (1) the trier of fact is not satisfied the person committed the offence but is satisfied the person committed an offence against subsection (2):

    (a)     the trier of fact may find the person not guilty of the offence charged but guilty of the offence under subsection (2); and

    (b)     the person is liable to punishment accordingly.



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