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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:

  1. You made or subscribed to a statutory declaration
  2. You did so wilfully
  3. The declaration was false in any material respect
  4. You knew it was false in that or those respects, and
  5. 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:

  1. A Justice of the Peace
  2. A lawyer, or
  3. A notary public

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