Execution of warrant
335M Execution of warrant
Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:
announce that the member is authorised to enter the premises; and
give any person at the premises an opportunity to allow entry to the premises.
However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.
If the occupier of the premises is present at the premises:
the member of the Australian Federal Police must make available to the occupier a copy of the warrant; and
the occupier is entitled to observe the search being conducted.
The occupier’s right to observe the search being conducted ends if the occupier impedes the search.
This section does not prevent 2 or more areas of the premises being searched at the same time.
If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.
If 2 or more documents are seized, they may be covered in the one receipt.
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