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CRIMES ACT 1958 - SECT 326

Concealing offences for benefit

S. 326(1) amended by Nos 49/1991 s. 119(1)
(Sch. 2 item 66), 48/1997
s. 60(1)(Sch. 1 item 97(a)(b)).

    (1)     Where a person has committed a serious indictable offence, any other person who, knowing or believing that the offence, or some other serious indictable offence, has been committed and that he has information which might be of material assistance in securing the prosecution or conviction of an offender for it, accepts any benefit for not disclosing that information shall be guilty of a summary offence and liable to level 8 imprisonment (1 year maximum).

    (2)     Notwithstanding anything to the contrary in subsection (1), it is no offence against this section to fail to disclose the commission of any offence against—

        (a)     Division 2 of Part I; or

        (b)     subdivision (1), (2) or (3) of Division 3 of Part I—

if the only benefit accepted in return for failing to disclose the commission of the offence is the making good of any loss or injury caused by its commission or the making of reasonable compensation for any such loss or injury.

    (3)     For the purposes of this section a person shall be deemed to accept a benefit if he accepts or agrees to accept any benefit or advantage, or the promise of any benefit or advantage, either to himself or to another, whether or not the benefit or advantage is in money or money's worth.

S. 326(4) repealed by No. 9848 s. 18(1).

    *     *     *     *     *

    (5)     The compounding of an offence other than treason shall not be an offence otherwise than under this section.

    (6)     In this section, serious indictable offenc e has the same meaning as it has in section 325.

New s. 327 inserted by No. 36/2014 s. 4.

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