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Offences relevant to the investigation into Belinda Neal.



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Tue, 24th June 2008

OFFENCES RELEVANT TO THE INVESTIGATION INTO BELINDA NEAL

Senator the Hon George Brandis SC Shadow Attorney-General

On the basis of the facts now in the public domain concerning ''Iguanagate'', the Australian Federal Police investigation requested last night by the Attorney-General should consider whether there has been any breach of the following Commonwealth offences:

• counselling, inciting or conspiring to contravene section 11 of the Statutory Declarations Act 1959 [max penalty: imprisonment for 4 years]; • giving false or misleading information contrary to section 137.1 of the Commonwealth Criminal Code [max penalty: imprisonment for 1 year]; • producing false or misleading documents contrary to section 137.2 of the

Commonwealth Criminal Code [max penalty: imprisonment for 1 year]; • making an unwarranted demand as a Commonwealth public official contrary to section 139.2 of the Commonwealth Criminal Code [max penalty:

imprisonment for 12 years]; • abuse of public office contrary to section 142.2 of the Commonwealth Criminal Code [max penalty: imprisonment for 5 years];

In addition, the allegations raise the question of whether any of the following offences under New South Wales law has been committed:

• abetting the making of a false declaration contrary to section 25 of the Oaths Act 1900 [max penalty: imprisonment for 5 years]; • giving false or misleading information contrary to section 307B of the Crimes Act 1900 [max penalty: imprisonment for 2 years]; • intimidating a witness contrary to section 315A of the Crimes Act 1900 [max

penalty: imprisonment for 7 years]; • perverting the course of justice contrary to section 319 of the Crimes Act 1900 [max penalty: imprisonment for 14 years]; • suborning perjury contrary to section 333 of the Crimes Act 1900 [max

penalty: imprisonment for 7 years].

Under section 44(ii) of the Constitution, a member of either House of the Commonwealth Parliament is disqualified from sitting if they have ''been convicted or sentenced, or subject to be sentenced'' for any offence carrying a penalty of imprisonment for one year or longer.