Entry with Court order
44 Entry with Court order
On the ex parte application of a person who holds a permit, the Court may by order waive the requirement to give the occupier of premises notice of an intention to enter premises, or exercise powers, under section 41 or 42, if the Court is satisfied that to give such notice would defeat the purpose for which the power is intended to be exercised.
Before entering premises in accordance with a Court order under subsection (1), the person seeking entry must—
announce that he or she is authorised by the order to enter the premises; and
give any person at the premises an opportunity to allow entry to the premises.
The person seeking entry need not comply with subsection (2) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—
the safety of any person; or
that an effective entry is not frustrated.
If the occupier or another person who apparently represents the occupier is present at the premises when entry under a Court order is being made, the person entering must—
identify himself or herself to the occupier or person representing the occupier by producing his or her permit for inspection; and
give the occupier or person representing the occupier a copy of the order.
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