Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 69EDA

Announcement before entry under warrant

In force
Part 7AAInvestigative powers
Division 3Obligations and incidental powers of inspectors

69EDA Announcement before entry under warrant

(1)

Before entering premises under a warrant, an inspector must:

(a)

announce that:

(i)

he or she is authorised to enter the premises; and

(ii)

any person assisting the inspector is authorised to enter the premises; and

(b)

show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

(c)

give any person at the premises an opportunity to allow entry to the premises.

(2)

However, an inspector is not required to comply with subsection (1) if the inspector believes on reasonable grounds that immediate entry to the premises is required:

(a)

to ensure the safety of a person; or

(b)

to ensure that the effective execution of the warrant is not frustrated.

(3)

If:

(a)

an inspector does not comply with subsection (1) because of subsection (2); and

(b)

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.