sec.129Warrants—procedure for entry

sec.129 Warrants—procedure for entry

This section applies if— an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and the occupier of the place is present at the place. Before entering the place, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the occupier; give the occupier a copy of— the warrant; or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form; tell the occupier the inspector is permitted by the warrant to enter the place; give the occupier an opportunity to allow the inspector immediate entry to the place without using force. However, the inspector need not comply with subsection (2) if the inspector reasonably believes the inspector must immediately enter the place to ensure the effective execution of the warrant is not frustrated. (sec.129-ssec.1) This section applies if— an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and the occupier of the place is present at the place. (sec.129-ssec.2) Before entering the place, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the occupier; give the occupier a copy of— the warrant; or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form; tell the occupier the inspector is permitted by the warrant to enter the place; give the occupier an opportunity to allow the inspector immediate entry to the place without using force. (sec.129-ssec.3) However, the inspector need not comply with subsection (2) if the inspector reasonably believes the inspector must immediately enter the place to ensure the effective execution of the warrant is not frustrated.

• (a) an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and
• (b) the occupier of the place is present at the place.
• (a) comply with section 120 for the occupier;
• (b) give the occupier a copy of— (i) the warrant; or (ii) if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form;
• (i) the warrant; or
• (ii) if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form;
• (c) tell the occupier the inspector is permitted by the warrant to enter the place;
• (d) give the occupier an opportunity to allow the inspector immediate entry to the place without using force.
• (i) the warrant; or