79Offence—giving false or misleading evidence, information or7

79 Offence—giving false or misleading evidence, information or7 documents8 (1) A person commits an offence if:9 (a) the person gives evidence or information, or produces a10 document, during an examination; and11 (b) the person does so knowing that the evidence, information or12 document:13 (i) is false or misleading; or14 (ii) omits any matter or thing without which the evidence,15 information or document is misleading.16 Penalty: Imprisonment for 5 years or 300 penalty units.17 (2) Subsection (1) does not apply if the evidence, information or18 document is not false or misleading in a material particular.19 Note: A defendant bears an evidential burden in relation to the matter in this20 subsection: see subsection 13.3(3) of the Criminal Code.21 80 Offences—obstructing or hindering examinations, threatening22 persons present23 (1) A person commits an offence if:24 (a) the person engages in conduct; and25 (b) the conduct obstructs or hinders an examiner or ACIC staff26 member in the performance or exercise of the examiner or27 staff member’s functions, powers or duties in connection28 with an examination.29 Penalty: Imprisonment for 5 years or 300 penalty units, or both.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 83 (2) A person commits an offence if the person disrupts an1 examination.2 Penalty: Imprisonment for 5 years or 300 penalty units, or both.3 (3) A person commits an offence if the person threatens any person4 present at an examination.5 Penalty: Imprisonment for 5 years or 300 penalty units, or both.6