Making a false statement pursuant to an order under the Commission Act 1995 is an offence under section 335 of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Section 33 of the Evidence on Commission Act 1995 gives the Supreme Court of NSW the power to order:
Applications for orders under section 33 are made under section 32 of the Act which requires the applicant to satisfy the Supreme Court that:
Defences to the charge include:
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