Document ID: chunk:federal_register_of_legislation:C2004A05071:schedule:3:p21
Version: federal_register_of_legislation:C2004A05071
Segment Type: schedule
Provision Reference: sch 3 (pt 21/27)
Character Range: 51875–54660

or

(b) that the effective execution of the warrant or the arrest is not frustrated.

38Y Offence for making false statements in warrants

      A person must not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular.

      Penalty: Imprisonment for 2 years.

         Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is the 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.

38Z Offences relating to telephone warrants

      A person must not:

         (a) state the name of a Magistrate in a document that purports to be a form of warrant under section 38H unless that Magistrate issued the warrant; or

         (b) 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

         (c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that:

            (i) the person knows has not been approved by a Magistrate under that section; or

              (ii) the person knows to depart in a material particular from the terms authorised by a Magistrate under that section; or

         (d) 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.

         Note: 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.

38ZA Retention of things seized

      (1) Subject to subsection (2), if a police officer seizes a thing while executing a warrant issued under Division 2, he or she must deliver it into the custody and control of the Commissioner of Police of the Australian Federal Police.

      (2) If the thing seized is not evidential material relating to the proceeding or investigation relevant to the warrant, the police officer may make the thing available to officers of the police force of a State or Territory for the purpose of investigating or prosecuting an offence to which the thing relates.

(3) If the thing is delivered to the Commissioner under subsection (1), the Commissioner must:

         (a) inform the Attorney-General that the thing has been so delivered; and

         (b) retain the thing pending the Attorney-General's direction under subsection (4) about how to deal with the thing; and

         (c) comply with any such direction that the Attorney-General gives.