Search warrants—announcement before entry

In force

(1)

An authorised person must, before anyone enters premises under a search warrant—

(a)

announce that the authorised person is authorised to enter the premises; and

(b)

give anyone at the premises an opportunity to allow entry to the premises; and

(c)

if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify themselves to the person.

(2)

The authorised person is not required to comply with subsection (1) if the authorised person believes on reasonable grounds that immediate entry to the premises is required to ensure—

(a)

the safety of anyone (including the authorised person or any person assisting an authorised person); or

(b)

that the effective execution of the warrant is not frustrated.

This Act’s bill:Explanatory statement Second reading speech

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191 Search warrants—announcement before entry