sec.88Warrants—procedure before entry

sec.88 Warrants—procedure before 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. Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person 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 believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. s 88 amd 2024 No. 34 s 121 (sec.88-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. (sec.88-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force. (sec.88-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

• (a) identify themself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment;
• (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87 (6) , a copy of the facsimile warrant or warrant form;
• (c) tell the person the inspector is permitted by the warrant to enter the place;
• (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.