Document ID: chunk:federal_register_of_legislation:C2023C00229:section:38z
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 38Z
Character Range: 174327–175560

38Z  Offences relating to telephone warrants
  A person must not:
 (a) 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
 (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 Judge; 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 or eligible Judge under that section; or
 (ii) the person knows to depart in a material particular from the terms authorised by a Magistrate or eligible Judge under that section; or
 (d) 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.
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.