sec.39Warrants—procedure before entry

sec.39 Warrants—procedure before entry

This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant. Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force. However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. In this section— warrant includes a duplicate warrant mentioned in section 37 (5) . (sec.39-ssec.1) This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant. (sec.39-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force. (sec.39-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. (sec.39-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 37 (5) .

• (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment;
• (b) give the person a copy of the warrant;
• (c) tell the person the authorised officer is permitted by the warrant to enter the place;
• (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.