704Additional provisions about perjury or aggravated perjury

704 Additional provisions about perjury or aggravated perjury (1) For the offence of perjury or aggravated perjury, it does not matter whether— (a) the sworn statement related to something material to the legal (b) the sworn statement was admitted in evidence in the proceeding; or (c) the court or other entity dealing with the proceeding had jurisdiction, was properly constituted or was sitting in the proper place; or (d) the person who made the sworn statement was competent to give evidence in the proceeding; or (e) there was any formal defect in the sworn statement.

Perjury Division 7.2.1 (2) However, a person does not commit perjury or aggravated perjury if the person is not competent under the Evidence Act 2011, section 13 (Competence—lack of capacity) to give sworn evidence. (3) If the trier of fact is satisfied beyond reasonable doubt that a person committed perjury or aggravated perjury in relation to 1 of 2 sworn statements made by the person that are irreconcilably in conflict, the trier of fact may find the person guilty of perjury or aggravated perjury even though the trier of fact cannot decide which of the statements is false. (4) For subsection (3), it does not matter whether the 2 statements were made in the same proceeding. (5) If a sworn statement is about an opinion of the person making the statement, the statement is false for the offence of perjury or aggravated perjury if the opinion is not genuinely held by the person. (6) It is not necessary for the conviction of a person for perjury or aggravated perjury that evidence of the perjury be corroborated. formal defect includes— (a) any formal error; and (b) any irregularity; and (c) any noncompliance with a rule of court, approved form or rule of practice.

Division 7.2.2 Falsifying, destroying or concealing evidence Division 7.2.2 Falsifying, destroying or concealing evidence 705 Making or using false evidence (1) A person commits an offence if the person makes false evidence with the intention of— (a) influencing a decision about starting a legal proceeding; or (b) influencing the outcome of a legal proceeding. (a) the person uses false evidence; and (i) knows the evidence is false; or (ii) believes the evidence is false; and (c) the person is reckless about whether the use of the evidence could— (i) influence a decision about starting a legal proceeding; or (ii) influence the outcome of a legal proceeding. (3) Subsection (2) does not apply to— (a) a lawyer or person assisting a lawyer who uses the evidence on instructions from a client and does not know that the evidence is false; or

Falsifying, destroying or concealing evidence Division 7.2.2 (b) a person who— (i) is, or may be, involved in a legal proceeding as a law enforcement officer, lawyer, or party (or as a person assisting any of them); and (ii) uses the evidence for a legitimate forensic purpose in the proceeding. (4) Subsection (2) (b) (i) does not apply to a person who discloses, when or before using the evidence, that the evidence is false. (5) Subsection (2) (b) (ii) does not apply to a person who discloses, when or before using the evidence, that the person believes the evidence is false. legitimate forensic purpose includes the purpose of demonstrating that evidence is false or misleading. make evidence includes change evidence, but does not include commit perjury or aggravated perjury.