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Health Practitioner Regulation National Law Act 2009
sch-sec.8-oc.6Procedure before entry under warrant
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### sch-sec.8-oc.6 Procedure before entry under warrant
Before entering a place under a warrant, an inspector 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 inspector’s identity card or another document evidencing the inspector’s appointment;
give the person a copy of the warrant;
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 subclause (1) if the inspector 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.6-ssec.1) Before entering a place under a warrant, an inspector 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 inspector’s identity card or another document evidencing the inspector’s appointment; give the person a copy of the warrant; 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.
(sch-sec.8-oc.6-ssec.2) However, the inspector need not comply with subclause (1) if the inspector 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 inspector’s identity card or another document evidencing the inspector’s appointment;
- (b) give the person a copy of the warrant;
- (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.