Tuesday 20 November 2012

Royal Commissions- Bribery of a Witness and Accepting a Bribe ...

Section 6I of the Royal Commissions Act creates an offence for bribing a witness to give a false testimony (or to withhold a true testimony) as well as for receiving a bribe to for giving a false testimony or withholding a true testimony.Section 6I states:

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(1) Any person who:

(a) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness before any Royal Commission shall give false testimony or withhold true testimony; or

(b) attempts by any means to induce a person called or to be called as a witness before any Royal Commission to give false testimony, or to withhold true testimony; or

(c) asks, receives or obtains, or agrees to receive or obtain any property or benefit of any kind for himself or herself, or any other person, upon any agreement or understanding that any person shall as a witness before any Royal Commission give false testimony or withhold true testimony;

shall be guilty of an indictable offence.

Penalty:? Imprisonment for five years.

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(2) Any person who:

(a) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section?2 will not comply with the requirement; or

(b) attempts by any means to induce any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section?2 not to comply with the requirement; or

(c) asks, receives or obtains, or agrees to receive or obtain any property or benefit of any kind for himself or herself, or any other person, upon any agreement or understanding that any person who is required to produce a document or other thing pursuant to a summons, requirement or notice under section?2 will not comply with the requirement;

is guilty of an indictable offence.

Penalty:? Imprisonment for 5 years.

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As can be seen, the bribery will be dealt with severely by the Commission and Courts, with section 6I providing a maximum penalty of imprisonment for 5 years if a person is found guilty of bribing a witness or if a witness is found guilty of receiving a bribe to give false testimony.

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A Royal Commission is a very complex legal proceeding.? Any person who is required to appear before a Commission should obtain expert legal advice prior to attendance.

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Our lawyers appear at Newcastle Local Court in many different areas including:

????????? Family Law

????????? Personal Injury Law;

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????????? Probate and Disputed Wills;

????????? Buying and Selling a Home or Business;

????????? Criminal Law;

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????????? Motor Vehicle Claims;

????????? Workers Compensation; and

????????? Conveyancing.?

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Should you have any further queries, please do not hesitate to contact our office.

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The above information is of a general nature only and cannot be relied on as constituting legal advice. The information is relevant at the time of publishing the article. In this respect, we rely upon our Disclaimer at www.bemlaw.com.au/privacy-disclaimer.?

Source: http://www.bemlaw.com.au/legal/royal-commissions-bribery-of-a-witness-and-accepting-a-bribe/

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