97Announcement before entry

97 Announcement before entry

S. 97(1) amended by No. 13/2025 ss 58, 82(Sch. 2 item 19(a)).

(1) Before executing a warrant under section 95A or a search warrant, the authorised officer named in the warrant or a person assisting the authorised officer named in the warrant must—

S. 97(1)(a) amended by No. 13/2025 s. 82(Sch. 2 item 19(b)).

(a) announce that the authorised officer or person assisting the authorised officer is authorised by the warrant to enter the land or premises; and

(b) give any person at the land or premises an opportunity to allow entry to the land or premises.

S. 97(2) amended by No. 13/2025 s. 82(Sch. 2 item 20).

(2) The authorised officer or a person assisting the authorised officer need not comply with subsection (1) if the authorised officer or person assisting the authorised officer believes on reasonable grounds that immediate entry to the land or premises is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

S. 98 amended by No. 13/2025 ss 59, 82(Sch. 2 item 21(a)).