116Announcement before entry under warrant

116 Announcement before entry under warrant

(1) A marine safety inspector must, before entering premises under a warrant:

(a) announce that he or she is authorised to enter the premises; and

(b) if the inspector was appointed under section 91—show his or her identity card to the occupier of the premises if the occupier is present at the premises; and

(c) if the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform—show his or her police identification to the occupier of the premises if the occupier is present at the premises; and

(d) give any person at the premises an opportunity to allow entry to the premises.

(2) However, a marine safety inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required:

(a) to ensure the safety of a person; or

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

(3) If:

(a) a marine safety inspector does not comply with subsection (1) because of subsection (2); and

the inspector must, as soon as practicable after entering the premises, show his or her identity card or police identification to the occupier.