234Offences relating to warrants

234  Offences relating to warrants  (1) A person commits an offence if:  (a) the person is an authorised compliance officer; and  (b) the person makes, in an application for a monitoring warrant or an investigation warrant, a statement that the person knows to be false or misleading in a material particular. Penalty: Imprisonment for 2 years or 120 penalty units.  (2) A person commits an offence if the person is an authorised compliance officer and the person:  (a) states in a document that purports to be a form of warrant under section 227 the name of a magistrate unless that magistrate issued the warrant; or  (b) states on a form of warrant under that section a matter that, to the authorised compliance officer’s knowledge, departs in a material particular from the form authorised by the magistrate; or  (c) purports to execute, or present to another person, a document that purports to be a form of warrant under that section that the authorised compliance officer 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) gives to a magistrate a form of warrant under that section that is not the form of warrant that the authorised compliance officer purported to execute. Penalty: Imprisonment for 2 years or 120 penalty units. Subdivision C—Powers of magistrates 235  Powers of magistrates Powers conferred personally  (1) A power conferred on a magistrate by Subdivision B is conferred on the magistrate:  (a) in a personal capacity; and  (b) not as a court or a member of a court. Powers need not be accepted  (2) The magistrate need not accept the power conferred. Protection and immunity  (3) A magistrate exercising a power conferred by Subdivision B has the same protection and immunity as if the magistrate were exercising the power:  (a) as the court of which the magistrate is a member; or  (b) as a member of the court of which the magistrate is a member. Subdivision D—Other matters