South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 242

242—Perjury and subornation

        (1)         A person who makes a false statement under oath is guilty of perjury.

Maximum penalty: Imprisonment for 7 years.

        (2)         A person who counsels, procures, induces, aids or abets another to make a false statement under oath is guilty of subornation of perjury.

Maximum penalty: Imprisonment for 7 years.

        (3)         In proceedings on a charge of perjury or subornation of perjury, an apparently genuine document that appears to be a transcript of evidence given in other judicial proceedings is to be accepted as evidence—

            (a)         of the evidence given in those other proceedings; and

            (b)         where evidence appears from the transcripts to have been given by a particular person—that it was so given; and

            (c)         where evidence appears from the transcript to have been given under oath—that it was so given.

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

        (5)         For the purposes of this section—

            (a)         "oath" includes an affirmation;

"statement" includes an interpretation by an interpreter; and

            (b)         a statement will be taken to be false if it is false in a material particular and—

                  (i)         in the case of perjury—the person by whom it was made knew it to be false or did not believe it to be true; or

                  (ii)         in the case of subornation of perjury—the person who counselled, procured, induced, aided or abetted the other person to make the statement knew it to be false or did not believe it to be true.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback