Offences relating to telephone warrants
76 Offences relating to telephone warrants
A person must not:
state in a document that purports to be a form of warrant under section 52 the name of a magistrate unless that magistrate issued the warrant; or
state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the magistrate; or
purport to execute, or present to a person, a document that purports to be a form of warrant under that section that:
the person knows has not been approved by a magistrate under that section; or
the person knows to depart in a material particular from the terms authorised by a magistrate under that section; or
send to a magistrate a form of warrant under that section that is not the form of warrant that the person purported to execute.
Penalty: Imprisonment for 2 years.
Under subsection 4D(1) of the Crimes Act 1914, this penalty is only a maximum penalty for the offence. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
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