Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p160
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 160/175)
Character Range: 575731–578431

that the exercise of a power under a warrant issued under this Division was duly authorised; and
 (b) the form of warrant signed by the magistrate is not produced in evidence;
the court must assume that the exercise of the power was not duly authorised unless the contrary is proved.

Subdivision 456‑C—Offences relating to warrants by telephone or other electronic means

456‑30  Offence for stating incorrect names in warrants by telephone etc.
  A person commits an offence if:
 (a) the person states a name of a magistrate in a document; and
 (b) the document purports to be a form of warrant under section 456‑20; and
 (c) the name is not the name of the magistrate who issued the warrant.
Penalty: 120 penalty units or imprisonment for 2 years, or both.

456‑35  Offence for unauthorised form of warrant
  A person commits an offence if:
 (a) the person states a matter in a form of warrant under section 456‑20; and
 (b) the matter departs in a material particular from the form authorised by the magistrate.
Penalty: 120 penalty units or imprisonment for 2 years, or both.

456‑40  Offence for execution etc. of unauthorised form of warrant
  A person commits an offence if:
 (a) the person executes a document or presents a document to a person; and
 (b) the document purports to be a form of warrant under section 456‑20; and
 (c) the document:
 (i) has not been approved by a magistrate under that section; or
 (ii) departs in a material particular from the terms authorised by the magistrate under that section.
Penalty: 120 penalty units or imprisonment for 2 years, or both.

456‑45  Offence for giving unexecuted form of warrant
  A person commits an offence if:
 (a) the person gives a magistrate a form of warrant under section 456‑20; and
 (b) the document is not the form of warrant that the person executed.
Penalty: 120 penalty units or imprisonment for 2 years, or both.

Subdivision 456‑D—Warrant details to be given to occupier

456‑50  Details of warrant to be given to occupier etc.
 (1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the authorised officer executing the warrant must make available to that person a copy of the warrant.
 (3) The authorised officer must identify himself or herself to the person at the premises.
 (4) The copy of the warrant referred to in subsection (1) need not include the signature of the issuing magistrate or the seal of the relevant court.

Part 10‑4—Offences relating to regulatory and enforcement powers of Registrar

Division 461—Offences relating to regulatory and enforcement powers of Registrar

461‑1