403Use of force in executing monitoring warrants

403  Use of force in executing monitoring warrants

  In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 397(1) and the information mentioned in subsection 397(2) of this Act:

 (a) an authorised person may use force against things only if all reasonable measures to execute the warrant effectively without the use of force have been exhausted; and

 (b) a person assisting the authorised person may use force against things only if all reasonable measures to execute the warrant effectively without the use of force have been exhausted; and

 (c) if paragraph (a) or (b) applies—the authorised person or person assisting the authorised person (as applicable) may use only such force against things as is necessary and reasonable in the circumstances.

404  Extension of Part 2 of the Regulatory Powers Act to external Territories

  Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 397(1) and the information mentioned in subsection 397(2) of this Act, extends to the external Territories other than the Territory of Ashmore and Cartier Islands.

406  Entry with consent—action before obtaining consent

  Before obtaining the consent of an occupier of premises who is a registered provider for the purposes of paragraph 18(2)(a) of the Regulatory Powers Act, an authorised person must inform the registered provider that the registered provider has an obligation under section 177 of this Act to cooperate with a person who is performing functions, or exercising powers, under Part 2 of that Act.

Note: See section 25 of the Regulatory Powers Act for additional rules about consent.