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s 95

Entry procedure

In force
Part 5Investigation and enforcement
Division 2Entry of places by authorised officers
Subdivision 3Entry under warrant

95 Entry procedure

(1)

This section applies if an authorised officer is intending to enter a place under a warrant issued under this subdivision.

(2)

Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—

(a)

identify themself to a person who is an occupier of the place and is present, including, for an authorised officer other than a police officer, producing to the person the officer’s identity card or another document evidencing the officer’s appointment;

(b)

give the person a copy of the warrant;

(c)

tell the person the officer is permitted by the warrant to enter the place;

(d)

give the person an opportunity to allow the officer immediate entry to the place without using force.

(3)

However, the authorised officer need not comply with subsection (2) if the officer reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.

(4)

In this section—

identity card means an identity card issued under the Transport Operations (Road Use Management) Act 1995, section 24.

warrant includes a duplicate warrant mentioned in section 93(3).

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