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Written by
Greg Barns
Criminal Defence Lawyer


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Commonwealth Offences - TAS
Welcome to the TAS False statutory declarations and other false statements article page. Everything you need to know about False statutory declarations and other false statements according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for False statutory declarations and other false statements

According to TAS Law for the charge of False statutory declarations and other false statements ,

Criminal Code Act 1924  SECT 113

113. False statutory declarations and other false statements

(1) Any person who wilfully makes a statement false in a material particular, if the statement is made 

(a) in a statutory declaration;

(b) in an abstract, account, balance-sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorized or required to make, attest, or verify by any public general Act; or

(c) in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act –shall be guilty of a crime.

(2) No person shall be convicted under the provisions of this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

The Maximum Penalty - False statutory declarations and other false statements

According to TAS Law for the charge of False statutory declarations and other false statements ,

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –

(a) 12 months for a first offence; or

(b) 5 years for a second or subsequent offence

What the Police must prove according to TAS Law for False statutory declarations and other false statements

(a) the accused is correctly identified as the offender

(b) willful false statement in any other the above circumstances

Possible Defences under TAS Law - False statutory declarations and other false statements

(a) Factual Dispute

(b)  Necessity

(c)  Lack of intent

(d)  Identification dispute

In TAS which court will hear the matter - False statutory declarations and other false statements

Magistrates Court or Supreme Court depending upon whether summary jurisdiction is elected
n/a