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Magistrates Court Act 1930
66Executing a warrant
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66 Executing a warrant
(1) A warrant authorises a police officer (an executing officer) to—
(a) arrest the person named in the warrant; and
(b) bring the person before the court.
(2) If an executing officer believes on reasonable grounds that the person
named in the warrant is on any premises, the officer is authorised to
enter the premises, using not more than necessary and reasonable
force in the circumstances, to execute the warrant.
(3) However, an executing officer is not authorised to enter a dwelling
house to execute the warrant before 6 am or after 9 pm on any day,
unless the officer believes on reasonable grounds that it would not be
practicable to arrest the person at the dwelling house, or another
location, at any other time.
(4) An executing officer—
(a) must use not more force than is necessary to arrest the person
and remove the person to the place stated in the warrant; and
(b) must, before removing the person, explain to the person the
purpose of the warrant; and
(c) must tell the person of his or her right to contact a lawyer, and
allow the person to contact a lawyer if the person wishes to do
so; and
(d) if a person is under a legal disability—must inform a parent or
guardian of the person of the arrest.
dwelling house includes a conveyance, and a room in a hotel, motel,
boarding house or club, where people ordinarily sleep at night.