Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.