JAIL time could be on the cards for disgraced MP Steve Cansdell according to the federal Attorney-General's department after the NSW Police handed his case over to the Commonwealth Department of Public Prosecutions yesterday.
The federal Attorney-General's department website states: "A statutory declaration is a written statement declared to be true in the presence of an authorised witness".
"A person wishing to use a statutory declaration in connection with a law of the Commonwealth, the Australian Capital Territory or certain other Territories must make the declaration in accordance with the Statutory Declarations Act 1959 and the Statutory Declarations Regulations 1993.
"Under the Act a person who wilfully makes a false statement in a statutory declaration is guilty of an offence and may be fined or jailed, or both."
Under the Commonwealth Statutory Declarations Act of 1959, the maximum penalty for such an offence if convicted is imprisonment for four years.
Despite NSW Attorney-General Greg Smith and the NSW DPP saying because Mr Cansdell signed a Commonwealth statutory declaration it was out of their jurisdiction, the law states otherwise.
Section 12 of the Statutory Declarations Act of 1959 states "the several courts of the states (other than the Northern Territory) are invested with federal jurisdiction."