Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 37

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 .