sec.112Procedure for entry without consent if person in control or occupier present

sec.112 Procedure for entry without consent if person in control or occupier present

This section applies if— an authorised officer is intending to enter a vehicle under section 111 (b) ; and a person who is a person in control, or an occupier of, the vehicle is present at the vehicle. Before entering the vehicle, the officer must do, or make a reasonable attempt to do, each of the following things— comply with section 105 for the person; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the officer is permitted under this Act to enter the vehicle without the person’s consent. If the person in control of the vehicle is not present at the vehicle, the officer must take reasonable steps to advise the person or any registered operator of the vehicle of the officer’s intention to enter the vehicle. Subsection (3) does not require the officer to take a step the officer reasonably believes may frustrate or otherwise hinder the performance of the officer’s functions or the purpose of the intended entry. (sec.112-ssec.1) This section applies if— an authorised officer is intending to enter a vehicle under section 111 (b) ; and a person who is a person in control, or an occupier of, the vehicle is present at the vehicle. (sec.112-ssec.2) Before entering the vehicle, the officer must do, or make a reasonable attempt to do, each of the following things— comply with section 105 for the person; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the officer is permitted under this Act to enter the vehicle without the person’s consent. (sec.112-ssec.3) If the person in control of the vehicle is not present at the vehicle, the officer must take reasonable steps to advise the person or any registered operator of the vehicle of the officer’s intention to enter the vehicle. (sec.112-ssec.4) Subsection (3) does not require the officer to take a step the officer reasonably believes may frustrate or otherwise hinder the performance of the officer’s functions or the purpose of the intended entry.

• (a) an authorised officer is intending to enter a vehicle under section 111 (b) ; and
• (b) a person who is a person in control, or an occupier of, the vehicle is present at the vehicle.
• (a) comply with section 105 for the person;
• (b) tell the person the purpose of the entry;
• (c) seek the consent of the person to the entry;
• (d) tell the person the officer is permitted under this Act to enter the vehicle without the person’s consent.