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s 234

Offences relating to warrants

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 10AAInspector‑General of Water Compliance (special powers)
Division 1Entry onto land etc.
Subdivision BPowers to enter land etc. for compliance purposes

234 Offences relating to warrants

(1)

A person commits an offence if:

(a)

the person is an authorised compliance officer; and

(b)

the person makes, in an application for a monitoring warrant or an investigation warrant, a statement that the person knows to be false or misleading in a material particular.

Penalty: Imprisonment for 2 years or 120 penalty units.

(2)

A person commits an offence if the person is an authorised compliance officer and the person:

(a)

states in a document that purports to be a form of warrant under section 227 the name of a magistrate unless that magistrate issued the warrant; or

(b)

states on a form of warrant under that section a matter that, to the authorised compliance officer’s knowledge, departs in a material particular from the form authorised by the magistrate; or

(c)

purports to execute, or present to another person, a document that purports to be a form of warrant under that section that the authorised compliance officer knows:

(i)

has not been approved by a magistrate under that section; or

(ii)

departs in a material particular from the terms authorised by a magistrate under that section; or

(d)

gives to a magistrate a form of warrant under that section that is not the form of warrant that the authorised compliance officer purported to execute.

Penalty: Imprisonment for 2 years or 120 penalty units.

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Water Act 2007 s 234 — Offences relating to warrants (Commonwealth) — Barrister AI