Commonwealth Consolidated Acts Commonwealth Consolidated ActsA 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.