Commonwealth Consolidated Acts

TRANSPORT SAFETY INVESTIGATION ACT 2003 - SECT 42

  (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.