Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p30
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 72022–74651

of the terms of the warrant and the day on which and the time at which it was signed.

"(6) The applicant must then complete a form of warrant in terms substantially corresponding to those given by the judicial officer, stating on the form the name of the judicial officer and the day on which and the time at which the warrant was signed,

SCHEDULE 4—continued

"(7) The applicant must, not later than the day after:

    (a) the day of expiry of the warrant; or

    (b) the day on which the warrant was executed;

whichever is the earlier, give or transmit to the judicial officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

"(8) The judicial officer must:

    (a) attach to the documents provided under subsection (7) the form of warrant signed by the judicial officer; and

    (b) give or transmit to the applicant the attached documents.

"(9) If:

    (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and

    (b) the form of warrant signed by the judicial officer is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

Receipts for things seized under warrant

"203N.(1) If a thing is seized under a search warrant or a seizure warrant, the executing officer or a person assisting must provide a receipt for the thing.

"(2) If 2 or more things are seized, they may be covered in the one receipt.

Offence for making false statements in warrants

"203P. A person must not make, in an application for a search warrant or for a seizure 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

"203Q. A person must not:

    (a) state in a document that purports to be a form of warrant under section 203M the name of a judicial officer unless that judicial officer 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 judicial officer; or

SCHEDULE 4—continued

    (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 judicial officer under that section; or

        (ii) departs in a material particular from the terms authorised by a judicial