Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision E - Provisions applicable both to search and seizure warrants  

SECTION 203Q   OFFENCES RELATING TO TELEPHONE WARRANTS  

203Q(1)   [False representation of warrant]  

A person must not:

(a) state in a document that purports to be a form of warrant under section 203M the name of a judicial officer; 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 judicial officer; or

(c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows:

(i) has not been approved by a judicial officer under that section; or

(ii) departs in a material particular from the terms authorised by a judicial officer under that section; or

(d) give to a judicial officer 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.

203Q(2)   [Issued by named officer]  

Paragraph (1)(a) does not apply if the judicial officer named in the warrant issued it.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).