Commonwealth Numbered Acts

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NAVIGATION ACT 2012 (NO. 128, 2012) - SECT 289

Offence relating to warrants by telephone, fax etc.

             (1)  An inspector contravenes this subsection if:

                     (a)  the inspector states in a document that purports to be a form of warrant under section 288 the name of a magistrate, unless that magistrate signed the warrant; or

                     (b)  the inspector states on a form of warrant under that section a matter that, to the inspector's knowledge, departs in a material particular from the terms of the warrant signed by the magistrate under that section; or

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

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

                             (ii)  departs in a material particular from the terms of a warrant signed by a magistrate under that section; or

                     (d)  the inspector gives to a magistrate a form of warrant under that section that is not the form of warrant that the inspector purported to execute.

Fault-based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 2 years.


 



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