Independent Broad-Based Anti-Corruption Commission Act 2011

On executing a search warrant, the person executing it—

must announce that he or she is authorised by the search warrant to enter the premises, vehicle, vessel or aircraft, as the case requires, unless, in the case of a vehicle, vessel or aircraft it is in a public place; and

if the person has been unable to obtain unforced entry, must give any person at the premises or in control of the vehicle, vessel or aircraft an opportunity to allow entry to the premises, vehicle, vessel or aircraft, as the case requires.

A person executing a search warrant need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises, vehicle vessel or aircraft is required to ensure—

the safety of any person; or

that the effective execution of the search warrant is not frustrated.

If the occupier is present at premises where a search warrant is being executed, the person executing the warrant must—

identify himself or herself to the occupier; and

give the occupier a copy of the search warrant.

If the occupier is not present at premises where a search warrant is being executed, the person executing the warrant must—

identify himself or herself to a person at the premises who is apparently over the age of 18 years; and

give that person a copy of the warrant.

If there is no person apparently over the age of 18 years present at premises where a search warrant is being executed, the person executing the warrant must leave a copy of the warrant in a conspicuous place at the premises unless the IBAC has given a direction under subsection (6).

The IBAC may direct that a copy of a search warrant not be left at premises where no person apparently over the age of 18 years is present if the IBAC is satisfied that it would be contrary to the public interest for the copy to be left at the premises.