Making a False Statutory Declaration for Material Benefit
Making a False Statutory Declaration for Material Benefit is an offence under Section 25A of the Oaths Act 1900 which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You made or subscribed to a statutory declaration
- You did so wilfully
- The declaration was false in any material respect
- You knew it was false in that or those respects, and
- You derived, or intended to derive, a material benefit as a result of the untrue part
A ‘statutory declaration’ is one that is declared pursuant to a power conferred by an Act of Parliament which relates to any public office, department, regulation or revenue.
This applies to all declarations that must legally be authorised by:
- A Justice of the Peace
- A lawyer, or
- A notary public
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