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MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 38Z Offences relating to telephone warrants

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 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.