Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 678

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 FWA; or

                             (ii)  before a person taking evidence on behalf of FWA for use in a matter that the witness will start by application to FWA; 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 FWA (whether the person is to appear before FWA or a delegate of FWA); and

                     (b)  the offender induces, threatens or intimidates the witness to give false or misleading evidence in the matter.

Penalty:  Imprisonment for 12 months.


 



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