Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p24
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 59234–61919

that he or she may refuse to give consent.

"(2) An entry by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.

Persons to assist authorised officers

"34R.(1) An authorised officer may request the occupier of any premises entered:

  (a) by the officer under section 34D; or

  (b) under a warrant under section 34E;

to provide reasonable assistance to the officer, at any time while the officer is entitled to remain on the premises, for the purpose of the exercise of the officer's powers under those sections in relation to the premises.

"(2) A person mentioned in subsection (1) must not, without reasonable excuse, fail to comply with an authorised officer's request.

Penalty: 30 penalty units.

"(3) It is a reasonable excuse for a person whose premises are being searched under a warrant issued under section 34E to refuse to assist an authorised officer on the ground that to do so would tend to incriminate the person.

Offence for making false statements in applications for warrants

"34S. 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.

Offences relating to telephone warrants

  "34T. A person must not:

     (a) state in a document that purports to be a form of warrant under section 34E the name of a magistrate 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 who issued the warrant; or

     (c) 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:

        (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) give 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.

Secrecy

"34U.(1) The object of this section is to create duties of non-disclosure for the purposes of section 70 of the Crimes Act 1914.

  "(2) Subject to subsections (3), (4) and (6), a person who is or has been:

  (a) the Commissioner; or

  (b) a member of the staff assisting the Commissioner;

must not, either directly or indirectly, communicate to any person any information concerning the affairs of any other person if the information has been acquired by him or her:

     (c) in