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CUSTOMS ACT 1901 - SECT 203Q

Offences relating to telephone warrants

  (1)   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.

  (2)   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 ).


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