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COMMONWEALTHAct
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s 54

Announcement before entry under warrant

In force
Part 4Compliance and enforcement
Division 3Investigation
Subdivision BObligations and incidental powers of inspectors

54 Announcement before entry under warrant

(1)

Before entering an investigation area under an investigation warrant, an inspector must:

(a)

announce that the inspector is authorised to enter the investigation area under section 47; and

(b)

show the inspector’s identity card to a relevant person in relation to the investigation area; and

(c)

give the relevant person an opportunity to allow entry to the investigation area.

(2)

However, an inspector is not required to comply with subsection (1) if the inspector reasonably believes that immediate entry to the investigation area is required:

(a)

to ensure the safety of an individual; 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)

a relevant person in relation to the investigation area is present in the investigation area;

the inspector must show the inspector’s identity card to the relevant person as soon as practicable after entering the investigation area.

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