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Health Practitioner Regulation National Law Act 2009
sch-sec.8-oc.5Procedure before entry under warrant
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### sch-sec.8-oc.5 Procedure before entry under warrant
Before entering a place under a warrant, an investigator must do or make a reasonable attempt to do the following—
identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;
give the person a copy of the warrant;
tell the person the investigator is permitted by the warrant to enter the place;
give the person an opportunity to allow the investigator immediate entry to the place without using force.
However, the investigator need not comply with subclause (1) if the investigator reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
(sch-sec.8-oc.5-ssec.1) Before entering a place under a warrant, an investigator must do or make a reasonable attempt to do the following— identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment; give the person a copy of the warrant; tell the person the investigator is permitted by the warrant to enter the place; give the person an opportunity to allow the investigator immediate entry to the place without using force.
(sch-sec.8-oc.5-ssec.2) However, the investigator need not comply with subclause (1) if the investigator reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;
- (b) give the person a copy of the warrant;
- (c) tell the person the investigator is permitted by the warrant to enter the place;
- (d) give the person an opportunity to allow the investigator immediate entry to the place without using force.