Div 2AOffences relating to providing false or misleading information to a court

Division 2A—Offences relating to providing false or misleading information to a court 241A—False or misleading information entered into electronic court management system (1) A person who enters information into an ECMS knowing that the information is false or misleading is guilty of an offence. Maximum penalty: $10 000. (2) A person who provides information to another person knowing that the information— (a) is false or misleading; and (b) will be, or is likely to be, provided to a court (whether by use of an ECMS or otherwise), Maximum penalty: $10 000. court includes a body prescribed by the regulations; ECMS means an electronic court management system prescribed by the regulations; enters information into an ECMS includes— (a) uploads information or documents; or (b) takes any other action prescribed by the regulations; information means information, or information of a kind, prescribed by the regulations. Division 3—Offences relating to judicial proceedings 242—Perjury and subornation (1) A person who makes a false statement under oath is guilty of perjury. (2) A person who counsels, procures, induces, aids or abets another to make a false statement under oath is guilty of subornation of perjury. (3) In proceedings on a charge of perjury or subornation of perjury, an apparently genuine document that appears to be a transcript of evidence given in other judicial proceedings is to be accepted as evidence— (a) of the evidence given in those other proceedings; and (b) where evidence appears from the transcripts to have been given by a particular person—that it was so given; and (c) where evidence appears from the transcript to have been given under oath—that it was so given. (4) It is not necessary for the conviction of a person for perjury or subornation of perjury that evidence of the perjury be corroborated. (5) For the purposes of this section— (a) oath includes an affirmation; statement includes an interpretation by an interpreter; and (b) a statement will be taken to be false if it is false in a material particular and— (i) in the case of perjury—the person by whom it was made knew it to be false or did not believe it to be true; or (ii) in the case of subornation of perjury—the person who counselled, procured, induced, aided or abetted the other person to make the statement knew it to be false or did not believe it to be true. 243—Fabricating, altering or concealing evidence (a) fabricates evidence or alters, conceals or destroys anything that may be required in evidence at judicial proceedings; or (b) uses any evidence or thing knowing it to have been fabricated or altered, with the intention of— (c) influencing a decision by a person whether or not to institute judicial proceedings; or (d) influencing the outcome of judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time), 244—Offences relating to witnesses (1) Subject to this section, a person who gives, offers or agrees to give a benefit to another person who is or may be required to be a witness in judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time) or to a third person as a reward or inducement for the other person's— (a) not attending as a witness at, giving evidence at or producing a thing in evidence at the proceedings; or (b) withholding evidence or giving false evidence at the proceedings, (2) Subject to this section, a person, who is or may be required to be a witness at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time), who seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) as a reward or inducement for— (a) not attending as a witness at, giving evidence at or producing a thing in evidence at the proceedings; or (b) withholding evidence or giving false evidence at the proceedings, (3) Subject to this section, a person who prevents or dissuades, or attempts to prevent or dissuade, another person from— (a) attending as a witness at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time); or (b) giving evidence at, or producing a thing in evidence at, such proceedings, (4) A person is not guilty of an offence against subsection (3) unless the person knows that, or is recklessly indifferent as to whether, the other person is or may be required to be a witness or to produce a thing in evidence at the proceedings. (5) A person who does an act with the intention of deceiving another person in any way in order to affect the evidence of the other person at judicial proceedings (whether proceedings that are in progress or proceedings that are to be or may be instituted at a later time) is guilty of an offence. (6) A person is not guilty of an offence against this section if there is lawful authority or a reasonable excuse for his or her action. 245—Offences relating to jurors (1) A person who gives, offers or agrees to give a benefit to another person who is or is to be a juror or to a third person as a reward or inducement for the other person's— (a) not attending as a juror; or (b) acting or not acting as a juror in a way that might influence the outcome of judicial proceedings, (2) A person, who is or is to be a juror, who seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) as a reward or inducement for— (a) not attending as a juror; or (b) acting or not acting as a juror in a way that might influence the outcome of judicial proceedings, (3) Subject to this section, a person who prevents or dissuades, or attempts to prevent or dissuade, another person from attending as a juror at judicial proceedings is guilty of an offence. (4) A person is not guilty of an offence against subsection (3)— (a) unless the person knows that, or is recklessly indifferent as to whether, the other person is or may be required to attend as a juror at the proceedings; or (b) if there is lawful authority or a reasonable excuse for his or her action. (5) A person who— (a) takes an oath as a member of a jury in proceedings knowing that he or she has not been selected to be a member of the jury; or (b) takes the place of a member of a jury in proceedings knowing that he or she is not a member of the jury, (a) if the person acted with the intention of influencing the outcome of the proceedings—imprisonment for 10 years; (b) in any other case—imprisonment for 2 years. 246—Confidentiality of jury deliberations and identities (1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the State, the Commonwealth, a Territory or another State whether instituted before or after the commencement of this section. (2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published. (3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information. (4) A person must not publish protected information. (5) Subsection (2) does not prohibit disclosing protected information— (a) to a court; or (b) to a Royal Commission; or (ba) to the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012; or (c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the police force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or (d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or (e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service. (6) Subsection (3) does not prohibit soliciting or obtaining protected information— (a) in the course of proceedings in a court; or (b) by a Royal Commission; or (ba) by the Independent Commission Against Corruption under the Independent Commission Against Corruption Act 2012; or (c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the police force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or (d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service. (7) Subsection (4) does not prohibit publishing protected information— (a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or (b) as part of a fair and accurate report of— (i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations or a juror's identity; or (ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or (iii) if the protected information relates to jury deliberations—proceedings by way of appeal from the proceedings in the course of which the deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal. (8) This section does not prohibit a person— (a) during the course of proceedings, publishing or otherwise disclosing, with the permission of the court or otherwise with lawful excuse, information that identifies, or is likely to identify, the person or another person as, or as having been, a juror in the proceedings; or (b) after proceedings have been completed, publishing or otherwise disclosing— (i) information that identifies, or is likely to identify, the person as, or as having been, a juror in the proceedings; or (ii) information that identifies, or is likely to identify, another person as, or as having been, a juror in the proceedings if the other person has consented to the publication or disclosure of that information. (9) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public. (10) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. (11) In this section— protected information means— (a) particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court; or (b) information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings; publish, in relation to protected information, means communicate or disseminate the information in such a way or to such an extent that it is available to, or likely to come to the notice of, the public or a section of the public. 247—Harassment to obtain information about jury's deliberations (1) A person who harasses a juror or former juror for the purpose of obtaining information about the deliberations of a jury is guilty of an offence. (3) For the purposes of this section, the deliberations of a jury include statements made, opinions expressed, arguments advanced or votes cast by members of the jury in the course of their deliberations. 248—Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings with the intention of inducing a person who is or may be involved in a criminal investigation or judicial proceedings, to act or not to act in a way that might influence the outcome of the investigation or proceedings, is guilty of an offence. on account of anything said or done by a person involved in a criminal investigation or judicial proceedings in good faith in the conduct of the investigation or proceedings, is guilty of an offence. (3) For the purposes of this section, a person stalks another if the person does any of the following, in a manner that could reasonably be expected to arouse the other person's apprehension or fear: (a) follows the other person; or (b) loiters outside the place of residence of the other person or some other place frequented by the other person; or (c) enters or interferes with property in the possession of the other person; or (d) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or (e) publishes or transmits offensive material by means of the Internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person; or (f) communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the Internet or some other form of electronic communication; or (g) keeps the other person under surveillance; or (h) acts in any other way. (4) For the purposes of this section— (a) a person is involved in a criminal investigation if the person is involved in such an investigation as a witness, victim or legal practitioner or is otherwise assisting a law enforcement body with its inquiries; and (b) a person is involved in judicial proceedings if the person is— (i) a judicial officer or other officer at judicial proceedings; or (ii) involved in such proceedings as a witness, juror or legal practitioner, whether the proceedings are in progress or are proceedings that are to be or may be instituted at a later time. Division 4—Offences relating to public officers 249—Bribery or corruption of public officers (1) A person who improperly gives, offers or agrees to give a benefit to a public officer or former public officer or to a third person as a reward or inducement for— (a) an act done or to be done, or an omission made or to be made, by the public officer or former public officer in his or her official capacity; or (b) the exercise of power or influence that the public officer or former public officer has or had, or purports or purported to have, by virtue of his or her office, (2) A public officer or former public officer who improperly seeks, accepts or agrees to accept a benefit from another person (whether for himself or herself or for a third person) as a reward or inducement for— (a) an act done or to be done, or an omission made or to be made, in his or her official capacity; or (b) the exercise of power or influence that the public officer or former public officer has or had, or purports or purported to have, by virtue of his or her office, (3) In proceedings for an offence against this section, the court must, in determining whether the accused acted improperly in relation to a benefit, take into account any public disclosure of the benefit made by or with the approval of the accused, or any disclosure of the benefit made to a proper authority by or with the approval of the accused. 250—Threats or reprisals against public officers with the intention of influencing the manner in which a public officer discharges or performs his or her official duties or functions, is guilty of an offence. on account of anything said or done by a public officer in good faith in the discharge or performance or purported discharge or performance of his or her official duties or functions, is guilty of an offence. (3) For the purposes of this section, a person stalks another if the person does any of the following, in a manner that could reasonably be expected to arouse the other person's apprehension or fear: (a) follows the other person; or (b) loiters outside the place of residence of the other person or some other place frequented by the other person; or (c) enters or interferes with property in the possession of the other person; or (d) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or (e) publishes or transmits offensive material by means of the Internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person; or (f) communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the Internet or some other form of electronic communication; or (g) keeps the other person under surveillance; or (h) acts in any other way. 251—Abuse of public office (1) A public officer who improperly— (a) exercises power or influence that the public officer has by virtue of his or her public office; or (b) refuses or fails to discharge or perform an official duty or function; or (c) uses information that the public officer has gained by virtue of his or her public office, with the intention of— (d) securing a benefit for himself or herself or for another person; or (e) causing injury or detriment to another person, (2) A former public officer who improperly uses information that he or she gained by virtue of his or her public office with the intention of— (a) securing a benefit for himself or herself or for another person; or (b) causing injury or detriment to another person, (3) This section does not apply in relation to the use of information by a member of Parliament in the course of, or for the purposes of, the proper exercise of the functions of a member of Parliament (which include, without limitation, receiving information from constituents and making enquiries on behalf of constituents). 252—Demanding or requiring benefit on basis of public office (a) demands or requires from another person a benefit (whether for himself or herself or for a third person); and (b) in making the demand or requirement— (i) suggests or implies that it should be complied with because the person holds a public office (whether or not the person in fact holds that office); and (ii) knows that there is no legal entitlement to the benefit, (2) Subsection (1) does not apply to a demand made by a public officer to a proper authority in relation to the officer's remuneration or conditions of appointment or employment. 253—Offences relating to appointment to public office (1) A person who improperly— (a) gives, offers or agrees to give a benefit to another in connection with the appointment or possible appointment of a person to a public office; or (b) seeks, accepts or agrees to accept a benefit (whether for himself or herself or for a third person) on account of an act done or to be done with regard to the appointment or possible appointment of a person to a public office, (2) In subsection (1)— benefit does not include— (a) salary or allowances payable in the ordinary course of business or employment; or (b) fees or other remuneration paid to a person for services provided to another person in the ordinary course of business or employment in consideration for assistance provided to the other person in qualifying for, preparing an application for or determining suitability for such an appointment. Division 5—Escape, rescue and harbouring of persons subject to detention 254—Escape or removal from lawful custody (1) Subject to this section, a person subject to lawful detention who— (a) escapes, or attempts to escape, from custody; or (b) remains unlawfully at large, (2) A child is not guilty of an offence against subsection (1) in respect of an act or omission that constitutes an offence against section 48 of the Young Offenders Act 1993. (2a) A term of imprisonment to which a person is sentenced for an offence against subsection (1) is cumulative on any other term of imprisonment or detention in a training centre that the person is liable to serve. (3) A person who, knowing that, or being recklessly indifferent as to whether, another person is subject to lawful detention— (a) assists in the escape or attempted escape of the other person from custody; or (b) without lawful authority, removes, or attempts to remove, the other person from custody, (4) A person having custody or authority in respect of another person subject to lawful detention who, knowing that, or being recklessly indifferent as to whether, there is no legal authority to do so— (a) releases or procures the release of, or attempts to release or procure the release of, the other person from custody; or (b) permits the other person to escape from custody, 255—Harbouring or employing escapee etc A person who, knowing that, or being recklessly indifferent as to whether, another person has escaped from custody or is otherwise unlawfully at large— (a) harbours or employs the other person; or (b) assists the other person to remain unlawfully at large, Division 6—Attempt to obstruct or pervert course of justice or due administration of law 256—Attempt to obstruct or pervert course of justice or due administration of law (1) A person who attempts to obstruct or pervert the course of justice or the due administration of the law in a manner not otherwise dealt with in the preceding provisions of this Part is guilty of an offence. (2) Where— (a) a person charged with an offence against any of the preceding provisions of this Part is found not guilty of the offence charged; but (b) the court is satisfied that the accused is guilty of an offence against subsection (1), the court may, if the maximum penalty prescribed for an offence against subsection (1) is the same as or less than the maximum penalty prescribed for the offence charged, find the accused guilty of an offence against subsection (1). Division 7—Criminal defamation 257—Criminal defamation (1) A person who, without lawful excuse, publishes defamatory matter concerning another living person— (a) knowing the matter to be false or being recklessly indifferent as to whether the matter is true or false; and (b) intending to cause serious harm, or being recklessly indifferent as to whether the publication of the defamatory matter will cause serious harm, to a person (whether the person defamed or not), Maximum penalty: Imprisonment for 3 years. (2) A person charged with an offence against this section has a lawful excuse for the publication of the defamatory matter concerning the other person if the person charged would, having regard only to the circumstances happening before or at the time of the publication, have a defence to an action for damages for defamation if such an action were instituted against him or her by the other person in respect of the publication of the defamatory matter. (3) On a trial before a jury of an information for an offence against this section— (a) the question whether the matter published is capable of bearing a defamatory meaning is a question for determination by the judge; and (b) the question whether the matter published does bear a defamatory meaning is a matter for the jury; and (c) the jury may give a general verdict of guilty or not guilty on the issues as a whole. (4) Proceedings for an offence against this section must not be commenced without the consent of the Director of Public Prosecutions. (5) In any proceedings for an offence against this section, a certificate apparently signed by the Director of Public Prosecutions certifying his or her consent to the proceedings is, in the absence of proof to the contrary, to be accepted as proof of the Director's consent. Division 8—Offences limited in relation to industrial disputes and restraint of trade 258—Offences limited in relation to industrial disputes and restraint of trade (1) An agreement or combination by two or more persons to do, or procure to be done, an act in contemplation or furtherance of an industrial dispute as defined in the Industrial Relations Act (S.A.) 1972 is not punishable as a conspiracy unless the act, if committed by one person, would be punishable as an indictable offence. (2) No person is liable to any punishment for doing, or conspiring to do, an act on the ground that the act restrains, or tends to restrain, the free course of trade unless the act constitutes an offence against this Act.