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CUSTOMS ACT 1901 - SECT 203Q

Offences relating to telephone warrants

             (1)  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; 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

                     (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 officer under that section; or

                     (d)  give to a judicial officer 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.

             (2)  Paragraph (1)(a) does not apply if the judicial officer named in the warrant issued it.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).



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