94Powers of entry—enforcement

94 Powers of entry—enforcement

S. 94(1) amended by No. 13/2025 s. 82(Sch. 2 item 14).

(1) If an authorised officer has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the authorised officer may—

(a) enter the land or premises; and

S. 94(1)(b) amended by No. 59/2011 s. 36(1).

(b) search for and seize the thing.

S. 94(2) amended by Nos 59/2011 s. 36(2), 13/2025 s. 82(Sch. 2 item 14).

(2) An authorised officer must not enter and search land or premises or seize any thing under this Division except—

(a) with the written consent of the occupier of the land or premises; or

(b) under the authority of a search warrant.

S. 94(3) inserted by No. 59/2011 s. 36(3), amended by No. 13/2025 s. 82(Sch. 2 item 15).

(3) Before the occupier consents to entry and search of the occupier's residence under this section, the authorised officer must inform the occupier—

(a) of the purpose of the search; and

(b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings.

S. 94(4) inserted by No. 59/2011 s. 36(3), amended by No. 13/2025 s. 82(Sch. 2 item 16(a)).

(4) If the occupier consents to entry and search, the authorised officer must ask the occupier to sign an acknowledgement stating—

(a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and

S. 94(4)(b) amended by No. 13/2025 s. 82(Sch. 2 item 16(b)).

(b) that the occupier has been informed that the occupier may refuse to give consent to the entry and search or to the seizure of anything; and

(c) that the occupier has consented to such an entry and search.

S. 94(5) inserted by No. 59/2011 s. 36(3), amended by No. 13/2025 s. 82(Sch. 2 item 17).

(5) If the occupier consents to the seizure of any thing during a search under this section, the authorised officer must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.

S. 95 substituted by No. 59/2011 s. 37.