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s 446

Warrants—announcement before entry

In force
Chapter 8Enforcement
Part 8.3Enforcement—search warrants

446 Warrants—announcement before entry

(1)

An authorised person must, before anyone enters premises under a 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 themself 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 in relation to the subject matter of the warrant; or

(b)

the safety of the authorised person or anyone assisting the authorised person; or

(c)

that the effective execution of the warrant is not frustrated.

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