Criminal Code
723Making etc false or misleading statements in legal
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723 Making etc false or misleading statements in legal proceeding (a) the person makes a sworn or unsworn statement in a legal proceeding before a court; and (c) the person is reckless about whether the statement is false. (a) the person makes a sworn or unsworn statement in a legal proceeding before an entity that is not a court; and (c) the person is reckless about whether the statement is false or misleading. (3) Subsection (2) (b) and (c) does not apply if the statement is not false (4) Subsections (1) and (2) do not apply in relation to an unsworn statement if, before the statement was made, the entity did not take reasonable steps to tell the person making the statement about the existence of the offence against the subsection. (5) For subsection (4), it is sufficient if the following form of words is used: ‘Making false or misleading statements is a serious offence’.
Summary offences for ch 7 Part 7.3 (6) A person commits an offence if— (a) the person files or gives a sworn document in a legal proceeding; and (b) the document contains false or misleading information; and (c) the person is reckless about whether the document contains false or misleading information. (7) Subsection (6) does not apply to— (a) a lawyer or person assisting a lawyer who— (i) files or gives the document on instructions from a client; and (ii) does not know the document contains false or misleading information; or (b) a person involved in the legal proceeding as a law enforcement officer, lawyer, or party (or as a person assisting any of them) who files or gives the document for a legitimate forensic purpose; or (c) a person who, when filing or giving the document, discloses that it contains or may contain false or misleading information. (8) Also, subsection (6) (b) and (c) does not apply if the information is not false or misleading in a material particular. (9) In this section: file includes lodge for filing. legitimate forensic purpose—see section 705 (6).
unsworn statement means a statement that is not made or verified on oath. Note Sworn statement is defined in s 700.