42False statements etc. in application for warrant etc.

#### 42 False statements etc. in application for warrant etc. (1) The Chief Commissioner must not, in an application for an investigation warrant, make a statement knowing that: (a) the statement is false or misleading; or (b) the statement omits any matter or thing without which the statement is misleading. Penalty: Imprisonment for 2 years. > Note: This obligation also applies to delegates of the Chief Commissioner: see section 63C. (2) Subsection (1) does not apply as a result of paragraph (1)(a) if the statement is not false or misleading in a material particular. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. (3) Subsection (1) does not apply as a result of paragraph (1)(b) if the statement did not omit any matter or thing without which the statement is misleading in a material particular. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. (4) The Chief Commissioner must not: (a) state in a document that purports to be a form of warrant under section 41 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 Chief Commissioner’s knowledge, departs in a material particular from the form authorised by the magistrate; or (c) purport to execute, or present to another person, a document that purports to be a form of warrant under that section that the Chief Commissioner knows: (i) has not been approved by a magistrate under that section; or (ii) departs in a material particular from the terms authorised by a magistrate under that section; or (d) give to a magistrate a form of warrant under that section that is not the form of warrant that the Chief Commissioner purported to execute. Penalty: Imprisonment for 2 years. (5) Strict liability applies to the element of the offence against paragraph (4)(a) or (c) that the document purports to be a form of warrant under section 41. (6) Strict liability applies to the element of the offence against paragraph (4)(b) or (d) that the form of warrant is under section 41.