76Offences relating to telephone warrants

76 Offences relating to telephone warrants

A person must not: (a) state in a document that purports to be a form of warrant under section 52 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; 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 under that section; or (ii) the person knows to depart in a material particular from the terms authorised by a magistrate under that section; or (d) send to 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.

Note: Under subsection 4D(1) of the Crimes Act 1914, this penalty is only a maximum penalty for the offence. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.