Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_55g
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 55G
Character Range: 55831–57854

55G  Offences relating to warrants
 (1) A person commits an offence if:
 (a) the person is an inspector; and
 (b) the person makes an application for an enforcement warrant; and
 (c) the application includes a statement; and
 (d) the statement is false or misleading in a material particular.
Penalty: Imprisonment for 2 years.
 (2) The fault element for paragraph (1)(d) is knowledge.
 (3) A person commits an offence if:
 (a) the person is an inspector; and
 (b) the person prepares a document that purports to be a form of enforcement warrant under section 55F; and
 (c) the document states the name of a magistrate; and
 (d) the magistrate named did not issue the enforcement warrant.
Penalty: Imprisonment for 2 years.
 (4) A person commits an offence if:
 (a) the person is an inspector; and
 (b) the person prepares a document that purports to be a form of enforcement warrant under section 55F; and
 (c) the document states a matter; and
 (d) the matter departs in a material particular from the form authorised by the magistrate.
Penalty: Imprisonment for 2 years.
 (5) The fault element for paragraph (4)(d) is knowledge.
 (6) A person commits an offence if:
 (a) the person is an inspector; and
 (b) the person:
 (i) purports to execute; or
 (ii) presents to another person;
  a document that purports to be a form of enforcement warrant under section 55F; and
 (c) the document:
 (i) has not been approved by a magistrate under section 55F; or
 (ii) departs in a material particular from the terms authorised by that section.
Penalty: Imprisonment for 2 years.
 (7) The fault element for paragraph (6)(c) is knowledge.
 (8) A person commits an offence if:
 (a) the person is an inspector; and
 (b) the person gives a form of enforcement warrant under section 55F to a magistrate; and
 (c) the form of enforcement warrant is not the form of enforcement warrant that the inspector purported to execute.
Penalty for contravention of this subsection: Imprisonment for 2 years.

Subdivision G—Powers of magistrates