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Making a False Statement Pursuant to an Order Under the Commission Act 1995

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:

  1. You gave oral or written testimony
  2. You were required to give that testimony by an order under section 3 of the Evidence on Commission Act 1995
  3. Your testimony was false in any material particular, and
  4. You knew your testimony was false in that way, or you did not believe your testimony was true.

Section 33 of the Evidence on Commission Act 1995 gives the Supreme Court of NSW the power to order:

  1. The examination of witnesses
  2. The production of documents
  3. The inspection, photographing, preservation, custody or detention of property
  4. The taking of samples from, or carrying out of inspections of, property
  5. The medical examination of a person, and
  6. The taking and testing of blood samples.

Applications for orders under section 33 are made under section 32 of the Act which requires the applicant to satisfy the Supreme Court that:

  1. The application is based on a request by a court or tribunal, which exercises jurisdiction outside NSW, and
  2. The evidence sought is for proceedings instituted before the application, or whose institution is contemplated.

Defences to the charge include:

  1. Duress, and
  2. Self defence, including the defence of another.

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