sec.38Warrants—procedure before entry

sec.38 Warrants—procedure before entry

This section applies if an authorised officer named in a warrant issued under this subdivision 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, and anyone else helping the authorised officer, to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 37 (6) , a copy of the facsimile warrant or warrant form; 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. (sec.38-ssec.1) This section applies if an authorised officer named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant. (sec.38-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, and anyone else helping the authorised officer, to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 37 (6) , a copy of the facsimile warrant or warrant form; 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.38-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.

• (a) identify himself or herself, and anyone else helping the authorised officer, to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card;
• (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 37 (6) , a copy of the facsimile warrant or warrant form;
• (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.