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Comprehensive Nuclear Test-Ban Treaty Bill 1998

Part 3 Inspections

Division 1 Outline of Part

10   Outline of Part

                   The following is a basic outline of this Part:

                     (a)  Division 2 provides for Organization inspectors to inspect sites in Australia;

                     (b)  Division 3 provides for Australia to respond (including by inspecting sites in Australia) to another State Party’s request for clarification about compliance with the Treaty;

                     (c)  Division 4 deals with inspection warrants, and the conduct of inspections, for the purposes of Divisions 2 and 3;

                     (d)  Division 5 provides for searches for and seizures of evidence relating to offences;

                     (e)  Division 6 has some general rules about warrants.



 

Division 2 On-site inspections

11   Requests for on-site inspections

             (1)  If a request for an inspection of premises in Australia is made under Article IV of the Treaty, the Minister may make a written declaration:

                     (a)  that the inspection is an on-site inspection for the purposes of this Act; and

                     (b)  that the premises specified in the declaration are an inspection site for the purposes of this Act.

             (2)  An Organization inspector may (subject to sections 27 and 28):

                     (a)  with the consent of the occupier of an inspection site; or

                     (b)  under a warrant issued to a national inspector under section 21 in respect of an inspection site;

enter the inspection site and exercise, on the site, any on-site inspection powers (see section 12) for an on-site inspection purpose (see section 13).

             (3)  A national inspector:

                     (a)  may accompany an Organization inspector while the Organization inspector exercises powers in the circumstances mentioned in paragraph (2)(a); and

                     (b)  must accompany an Organization inspector while the Organization inspector exercises powers in the circumstances mentioned in paragraph (2)(b).

             (4)  An Organization inspector must not exercise any powers in the circumstances mentioned in paragraph (2)(a) in relation to an inspection site if:

                     (a)  the occupier of the site has required the Organization inspector to show written proof of his or her identity; and

                     (b)  the Organization inspector fails to comply with the requirement.

             (5)  A national inspector must not accompany an Organization inspector in the circumstances mentioned in paragraph (2)(a) in relation to an inspection site if:

                     (a)  the occupier of the site has required the national inspector to show his or her identity card; and

                     (b)  the national inspector fails to comply with the requirement.

12   On-site inspection powers

             (1)  An on-site inspection power is a power to:

                     (a)  search an inspection site; or

                     (b)  take photographs (including video recordings), or make sketches, of the site or of equipment or any other matter or thing on or in the site; or

                     (c)  monitor the exit of all vessels, aircraft or vehicles (other than personnel or personal vehicles) leaving the site; or

                     (d)  fly over the site; or

                     (e)  inspect or examine a matter or thing; or

                      (f)  take samples of a matter or thing; or

                     (g)  measure a matter or thing; or

                     (h)  carry out drilling on the site; or

                      (i)  examine a document; or

                      (j)  take extracts from, or make copies of, a document; or

                     (k)  verify the proper functioning or calibration of any equipment (including any thing, or part of a thing, that the Organization classifies as on-site monitoring equipment); or

                      (l)  install and operate any thing, or part of a thing, that the Organization classifies as on-site monitoring equipment; or

                    (m)  question personnel working on the site; or

                     (n)  operate equipment, including electronic equipment, located at the site, if the Organization inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; or

                     (o)  take onto the site any equipment or material that is approved by the Organization and that is reasonably required for the purpose of exercising a power under any of the above paragraphs; or

                     (p)  do any other act or thing necessary or convenient to be done in order to carry out an on-site inspection in accordance with Article IV of the Treaty.

             (2)  A power mentioned in subsection (1) may only be exercised in a way that reasonably appears to be in accordance with safety procedures applicable at the inspection site.

13   On-site inspection purposes

                   An on-site inspection purpose is a purpose of facilitating an on-site inspection by an Organization inspector in accordance with Article IV of the Treaty.

14   Organization inspectors

             (1)  If the Minister is satisfied that a person has, in accordance with the Treaty, been designated as an Organization inspector, the Minister must, in writing, declare the person to be an Organization inspector for the purposes of this Act.

             (2)  If the Minister ceases to be so satisfied, the Minister must, in writing, revoke the declaration.

             (3)  The Minister must give the person a copy of the declaration or revocation.

15   Observers

             (1)  If:

                     (a)  the Minister is satisfied that a person has, in accordance with the Treaty, been proposed by a State Party as an observer in relation to an on-site inspection; and

                     (b)  the Minister decides to accept the person as such an observer;

the Minister must, in writing, declare the person to be an observer for the purposes of this Act.

             (2)  The Minister must give the person a copy of the declaration.

             (3)  An observer may accompany an Organization inspector while the Organization inspector is exercising any on-site inspection powers in relation to an inspection site.

             (4)  However, an observer is not entitled to enter an inspection site, or any particular part of that site, if the occupier of the site has informed the Director, in writing, that the observer is to be excluded from the site or from that part of the site. If the occupier so informs the Director, the Director must inform the observer to that effect in writing.

             (5)  An observer is not entitled to enter an inspection site or to observe an Organization inspector exercising on-site inspection powers if:

                     (a)  the occupier of the site has required the observer to show written proof of his or her identity; and

                     (b)  the observer fails to comply with the requirement.

             (6)  If the conditions in subsection (1) cease to be satisfied, the Minister must, in writing, revoke the declaration.

             (7)  The Minister must give the person a copy of the revocation.



 

Division 3 Clarification procedures

16   Scope of Division

                   This Division applies if another State Party, without having made a request for an inspection of premises under Article IV of the Treaty, seeks clarification from Australia, either directly or through the Organization, concerning the question of whether there has been a breach of the Treaty at particular premises.

17   Director may give information or documents

                   The Director may give:

                     (a)  the person holding an equivalent position to the Director in the State Party seeking clarification; or

                     (b)  the Organization;

any information or documents about occurrences at the premises that will help to clarify the matter.

18   Inspections by national inspectors

             (1)  A national inspector may:

                     (a)  with the consent of the occupier of the premises; or

                     (b)  under a warrant issued under section 22 in respect of the premises;

enter the premises and conduct an inspection (called a clarification inspection ) of the premises in the same way and exercising the same powers as if:

                     (c)  the clarification inspection had been declared to be an on-site inspection; and

                     (d)  the premises had been declared to be an inspection site;

but with the national inspector, instead of an Organization inspector, exercising on-site inspection powers.

             (2)  For the purposes of a particular clarification inspection, the rules in this Part that apply to an inspection by consent apply subject to any modifications set out in the regulations that the Director determines in writing are to apply to the clarification inspection.

             (3)  After conducting a clarification inspection, the national inspector may report the results of the inspection to the State Party seeking clarification, either directly or through the Organization.

19   Joint inspections

             (1)  The Director may, on behalf of Australia, enter into an arrangement with the person holding an equivalent office in the State Party seeking clarification, if the occupier of the premises concerned consents, for a national inspector to carry out a joint inspection of the premises, accompanied by any inspectors the other State Party nominates.

             (2)  The Director may make such an arrangement:

                     (a)  whether or not information or documents have been sought to be given under section 17; and

                     (b)  whether or not an inspection has been carried out under section 18.

             (3)  If the Minister is satisfied that a State Party has designated a person as a foreign country inspector to Australia, the Minister may, in writing, declare the person to be a foreign country inspector for the purposes of this section.

             (4)  The Minister must give the person a copy of the declaration.

             (5)  A national inspector and any foreign country inspectors may, in accordance with an arrangement under subsection (1), enter the premises and conduct a clarification inspection. (Section 18 has the rules about clarification inspections).

20   Limit on modifications

                   Modifications under subsection 18(2) must not reduce the rights this Act gives the occupier of the premises concerned.



 

Division 4 Inspection warrants and conduct of inspections

21   On-site inspection warrants

             (1)  If the occupier of an inspection site does not consent to an Organization inspector entering the site and exercising on-site inspection powers as mentioned in subsection 11(2), a national inspector must, as soon as possible, apply to a magistrate for an on-site inspection warrant in relation to the site.

             (2)  A magistrate may issue an on-site inspection warrant in relation to the inspection site if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary to exercise on-site inspection powers for an on-site inspection purpose.

             (3)  If the magistrate does so, the national inspector must execute the warrant in a way that accords with all lawful directions given by the Organization inspector.

22   Clarification inspection warrants

             (1)  A national inspector may apply to a magistrate for a clarification inspection warrant in relation to an inspection site.

             (2)  A magistrate may issue a clarification inspection warrant in relation to particular premises mentioned in section 16 if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary to carry out a clarification inspection on the premises for the purpose of helping to clarify the matter mentioned in section 16.

23   Content of warrants

                   A warrant issued under this Division must:

                     (a)  describe the premises to which the warrant relates; and

                     (b)  state the name of the national inspector responsible for executing the warrant; and

                     (c)  state the period within which, in accordance with section 24, the warrant team is to complete the inspection; and

                     (d)  state the purpose for which the warrant is issued.

24   Duration of inspection

             (1)  An on-site inspection of particular premises must be completed before the end of 60 days after the request for the inspection was made in accordance with Article IV of the Treaty as mentioned in section 11.

             (2)  A clarification inspection of particular premises should, if practicable, be completed before the end of 48 hours after clarification was sought from Australia as mentioned in section 16.

             (3)  On written application by the Director, the Minister may, in writing, extend the time limit in subsection (1) by a further period, or periods, of no more than 70 days in total.

             (4)  If the Minister does so, the Minister must give the occupier of the premises concerned a copy of the document extending the period and, if the inspection is carried out in whole or in part under a warrant, must also give a copy to the magistrate who issued the warrant.

25   Inspections not to be intrusive

                   An on-site inspection or clarification inspection must be carried out in the way that is least intrusive consistent with achieving the purposes of the inspection.

26   On-site inspection warrant may authorise presence of an observer

                   An on-site inspection warrant in relation to an inspection site may, subject to any restrictions under section 15, authorise an observer to accompany an Organization inspector in his or her exercise of on-site inspection powers for an on-site inspection purpose.

27   Initial inspection plan

                   After an initial briefing (whether or not involving a preliminary inspection) and to facilitate the more detailed inspection of premises under an on-site inspection, the persons who are to do the inspection must prepare and give to the Director an initial inspection plan specifying the activities they propose to carry out and the places to which they want access.

28   Managed access

                   The persons who are to do the inspection must, in consultation with the Director, modify their initial inspection plan to whatever extent is justified, in accordance with the provisions relating to managed access in Part II of the Protocol to the Treaty, so as to ensure the protection of sensitive equipment, information and places that are not relevant to verifying compliance with the Treaty.

29   Other modifications of inspection plan

                   The persons who are to do the inspection may, at any time, otherwise modify the inspection plan to whatever extent is justified so as to ensure the effective execution of the inspection.



 

Division 5 Offence-related searches and seizures

30   Offence-related searches and seizures

             (1)  If a national inspector has reasonable grounds for suspecting that there may be on any premises particular evidential material, the inspector may:

                     (a)  with the consent of the occupier of the premises; or

                     (b)  under a warrant issued under section 31 or 37;

enter the premises and:

                     (c)  search the premises for the evidential material; and

                     (d)  if the inspector finds any evidential material on the premises—seize the evidential material found on the premises.

             (2)  A national inspector is not entitled to exercise any powers in the circumstances mentioned in paragraph (1)(a) in relation to premises if:

                     (a)  the occupier of the premises has required the inspector to show his or her identity card; and

                     (b)  the inspector fails to comply with the requirement.

31   Offence-related warrants

             (1)  A national inspector may apply to a magistrate for a warrant under this section in relation to particular premises.

             (2)  A magistrate may issue a warrant to search premises if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, any evidential material at the premises.

             (3)  However, a magistrate must not issue the warrant unless a national inspector has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate requires about the grounds on which the warrant is being sought.

             (4)  A warrant issued under this Division must:

                     (a)  state the offence to which the warrant relates; and

                     (b)  describe the premises to which the warrant relates; and

                     (c)  describe the kinds of evidential material that are to be searched for under the warrant; and

                     (d)  state the name of the national inspector responsible for executing the warrant; and

                     (e)  state when the period for which the warrant is in force is to begin and how long it is to last (which must not be for more than 7 days); and

                      (f)  state whether the warrant may be executed at any time or only during particular hours.

             (5)  The warrant should also state that it authorises the seizure of a thing (other than evidential material of the kind mentioned in paragraph (4)(c)) found at the premises that a member of the warrant team believes on reasonable grounds to be:

                     (a)  evidential material in relation to an offence to which the warrant relates; or

                     (b)  a thing relevant to another offence against this Act;

if the member believes, on reasonable grounds, that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence against this Act.

             (6)  Paragraph (4)(e) does not prevent the issue of successive warrants in relation to the same premises.

             (7)  If an application for the warrant is made under section 37, this section applies as if:

                     (a)  subsection (2) referred to 48 hours rather than 72 hours; and

                     (b)  paragraph (4)(e) referred to 48 hours rather than 7 days.

32   The things that are authorised by a search warrant

             (1)  A warrant in force in relation to premises authorises the warrant team:

                     (a)  to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, whatever it is; and

                     (b)  to search the premises for the kinds of evidential material specified in the warrant, and to seize things of those kinds found at the premises; and

                     (c)  to seize other things found at the premises in the course of the search that a member of the warrant team believes on reasonable grounds to be:

                              (i)  evidential material in relation to an offence to which the warrant relates; or

                             (ii)  evidential material in relation to another offence against this Act;

                            if the member of the warrant team believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence.

             (2)  If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

             (3)  If things are seized under a warrant, the warrant authorises the national inspector executing the warrant to make the things available to officers of other agencies if it is necessary to do so for the purpose of investigating or prosecuting an offence against this Act to which the things relate.

             (4)  A power mentioned in this section or in section 30, 33, 34 or 35 may only be exercised in a way that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the premises.

33   Specific powers available to warrant teams executing search warrants

             (1)  The warrant team may:

                     (a)  for a purpose incidental to the execution of the warrant; or

                     (b)  if the occupier of the premises consents in writing;

take photographs (including video recordings) of the premises or of things at the premises.

             (2)  The warrant team may, if the warrant is still in force, complete the execution of the warrant after all of the team temporarily stop its execution and leave the premises:

                     (a)  for not more than one hour; or

                     (b)  for a longer period if the occupier of the premises consents in writing.

             (3)  If:

                     (a)  the execution of a warrant is stopped by an order of a court; and

                     (b)  the order is later revoked or reversed on appeal; and

                     (c)  the warrant is still in force;

the execution of the warrant may be completed.

34   Use of equipment to examine or process things

             (1)  The warrant team may bring to the warrant premises any equipment reasonably necessary for examining or processing things found at the premises to see whether they may be seized under the warrant.

             (2)  If:

                     (a)  it is not practicable to examine or process the things at the warrant premises; or

                     (b)  the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out.

             (3)  If things containing electronically stored information are moved to another place under subsection (2), the national inspector executing the warrant must, if practicable:

                     (a)  tell the occupier the place and the time at which the examination or processing will be carried out; and

                     (b)  allow the occupier or his or her representative to be present during the examination or processing.

             (4)  The warrant team may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises to see whether it may be seized under the warrant if a member of the warrant team believes, on reasonable grounds, that:

                     (a)  the equipment is suitable for the examination or processing; and

                     (b)  the examination or processing can be carried out without damage to the equipment or the thing.

35   Use of electronic equipment at premises

             (1)  A member of the warrant team may operate electronic equipment located at the premises to see whether evidential material is accessible by doing so if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.

             (2)  If a member of the warrant team finds, after operating the equipment, that evidential material is accessible by doing so, he or she may:

                     (a)  seize the equipment and any disk, tape or other associated device; or

                     (b)  if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or

                     (c)  if the material can be transferred to a disk, tape or other storage device that:

                              (i)  is brought to the premises; or

                             (ii)  is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

                            operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

             (3)  A person may seize equipment under paragraph (2)(a) only if:

                     (a)  it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or

                     (b)  possession of the equipment by the occupier could constitute an offence against this Act.

             (4)  If a member of the warrant team believes, on reasonable grounds, that:

                     (a)  evidential material may be accessible by operating electronic equipment at the premises; and

                     (b)  expert assistance is required to operate the equipment; and

                     (c)  if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

             (5)  The member of the warrant team must give notice to the occupier of the premises of his or her intention to secure the equipment and that the equipment may be secured for up to 24 hours.

             (6)  The equipment may be secured:

                     (a)  for a period of no more than 24 hours; or

                     (b)  until the equipment has been operated by the expert;

whichever happens first.

             (7)  If a member of the warrant team believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to the magistrate who issued the warrant for an extension of that period.

             (8)  The member must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier may be heard in relation to the application.

             (9)  The provisions of this Division relating to the issue of warrants apply, with any necessary modifications, to the issuing of an extension.

36   Occupier may observe search

             (1)  If a warrant in relation to premises is being executed and the occupier of the premises is present, the occupier may observe the search being conducted.

             (2)  The right to observe ceases if the occupier impedes the search.

             (3)  This section does not prevent 2 or more areas of the premises being searched at the same time.

37   Warrants by telephone or other electronic means

             (1)  A national inspector may apply to a magistrate for a warrant by telephone, facsimile or other electronic means:

                     (a)  in an urgent case; or

                     (b)  if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

             (2)  The magistrate may require voice communication to the extent that is practicable in the circumstances.

             (3)  An application under this section must include all information required to be provided in an ordinary application for a warrant, but the application may, if necessary, be made before the information is sworn or affirmed.

             (4)  If an application is made to a magistrate under this section and the magistrate, after considering the information and having received and considered any further information that the magistrate requires, is satisfied that:

                     (a)  a warrant in the terms of the application should be issued urgently; or

                     (b)  the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the magistrate may complete and sign the same form of warrant that would be issued under section 31.

             (5)  If the magistrate decides to issue the warrant, the magistrate must tell the applicant, by telephone, facsimile or other electronic means, of the terms of the warrant and the day and time when it was signed.

             (6)  The national inspector must then complete a form of warrant in terms substantially the same as those given by the magistrate, stating on the form the name of the magistrate and the day and time when the warrant was signed.

             (7)  The national inspector must, not later than the day after the day of expiry of the warrant or the day after the day on which the warrant was executed, whichever is earlier, give or transmit to the magistrate the form of warrant completed by the inspector and, if the information mentioned in subsection (3) was not sworn or affirmed, that information duly sworn or affirmed.

             (8)  The magistrate must attach to the documents provided under subsection (7) the form of warrant completed by the magistrate.

             (9)  If:

                     (a)  it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and

                     (b)  the form of warrant signed by the magistrate is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

38   Receipts for things seized or moved

             (1)  The warrant team must provide a receipt for any thing seized under a warrant or moved under subsection 34(2).

             (2)  A single receipt may cover 2 or more things that are seized or moved.

39   Return of seized things

             (1)  If:

                     (a)  a person seizes a thing under this Division (other than under a warrant issued under section 31 or 37); and

                     (b)  the reason for its seizure no longer exists or it is decided that it is not to be used in evidence;

the person must return it, unless:

                     (c)  the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or

                     (d)  a court orders that it need not be returned.

             (2)  If a warrant team seizes a thing from a person under a warrant issued under section 31 or 37, 60 days after the seizure the warrant team must return the thing to the person (or to the owner, if the person is not entitled to possess it) unless:

                     (a)  the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or

                     (b)  proceedings in respect of which the thing may afford evidence were begun before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or

                     (c)  the warrant team may retain the thing because of an order under section 40; or

                     (d)  a member of the warrant team or another person is authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy or dispose of the thing.

40   Court of summary jurisdiction may permit a thing to be retained

             (1)  If a thing is seized under a warrant issued under section 31 or 37, and:

                     (a)  before the end of 60 days after the seizure; or

                     (b)  before the end of a period previously specified in an order of a court under this section;

proceedings in respect of which the thing may afford evidence have not begun, a member of the warrant team may apply to a court of summary jurisdiction for an order that he or she may retain the thing for a further period.

             (2)  If the court is satisfied that it is necessary for the team to continue to retain the thing:

                     (a)  for the purposes of an investigation as to whether an offence against this Act has been committed; or

                     (b)  to enable evidence of such an offence to be secured for the purposes of a prosecution;

the court may order that the team may retain the thing for the period specified in the order.

             (3)  Before the court hears the application, it may require notice of the application to be given to such persons as the court thinks fit.



 

Division 6 General rules about warrants

41   Announcement before entry

             (1)  Before a warrant team enters an inspection site or other premises, the national inspector executing the warrant must:

                     (a)  announce that the warrant team is authorised by the warrant to enter the site or premises; and

                     (b)  give any person at the premises an opportunity to allow entry into or onto the site or premises.

             (2)  The national inspector need not comply with subsection (1) if the national inspector believes, on reasonable grounds, that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.

42   Availability of assistance and use of force in executing warrant

                   In the execution of a warrant:

                     (a)  the national inspector executing the warrant may obtain such assistance; and

                     (b)  the warrant team may use such force against persons and things;

as is necessary and reasonable in the circumstances.

43   Details of warrant to be given to occupier etc.

                   If a warrant in relation to particular premises is being executed and the occupier of the premises is present at the premises, the national inspector executing the warrant must make a copy of the warrant available to the occupier.

44   Copies of seized things to be provided

             (1)  Subject to subsection (2), if a warrant team seizes under a warrant:

                     (a)  a document, film, computer file or other thing that can be readily copied; or

                     (b)  a storage device, the information in which can be readily copied;

the warrant team must, if the occupier of the premises requests, give a copy of the thing or the information to the occupier as soon as practicable after the seizure.

             (2)  Subsection (1) does not apply if the thing was seized under paragraph 35(2)(a) or (b).

45   Compensation for damage to equipment

             (1)  If:

                     (a)  damage is caused to an instrument or other equipment as a result of being operated as mentioned in paragraph 12(1)(n) or subsection 34(4) or 35(1); and

                     (b)  the damage was caused as a result of:

                              (i)  insufficient care being exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care being exercised by the person operating the equipment;

the Commonwealth must pay the person such reasonable amount of compensation:

                     (c)  as they agree on; or

                     (d)  failing agreement—as the Federal Court of Australia determines.

             (2)  In determining the amount of compensation payable under paragraph (1)(d), regard is to be had to whether the occupier of the premises, if he or she were available at the time, had given any warning or guidance as to the operation of the instrument or other equipment that was appropriate in the circumstances.

46   Making false statements in applications for warrant

                   A national inspector is guilty of an offence if the inspector makes, in an application for a warrant, a statement that the inspector knows to be false or misleading in a material particular.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

47   Offences relating to telephone warrants

                   A national inspector is guilty of an offence if the inspector:

                     (a)  states in a document that purports to be a form of warrant issued under section 37 the name of a person as the magistrate issuing the warrant who is not the magistrate who issued the warrant; or

                     (b)  states in a form of warrant under that section a matter that, to the inspector’s knowledge, departs in a material particular from the form authorised by the magistrate issuing the warrant; or

                     (c)  purports to execute, or present to a person, a document that purports to be a form of warrant under section 37 that the inspector knows:

                              (i)  has not been approved by the magistrate issuing the warrant; or

                             (ii)  to depart in a material particular from the terms authorised by the magistrate issuing the warrant; or

                     (d)  gives the magistrate a form of warrant under section 37 that is not the form of warrant that the inspector purported to execute.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.