Offences relating to telephone warrants
38Z Offences relating to telephone warrants
A person must not:
state the name of a Magistrate or eligible Judge in a document that purports to be a form of warrant under section 38H unless that Magistrate or Judge 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 Judge; 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 or eligible Judge under that section; or
the person knows to depart in a material particular from the terms authorised by a Magistrate or eligible Judge under that section; or
send to a Magistrate or eligible Judge 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 the maximum penalty for any offence under this section. 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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