Monetary Penalties Enforcement Act 2005
75Process required before entry to warrant premises
Start here
Get a plain-English read of 75
Turn the raw legal text into a practical explanation grounded in Monetary Penalties Enforcement Act 2005.
75 Process required before entry to warrant premises
(1) Before entering a building on warrant premises under the authority of an enforcement warrant or a search warrant, an enforcement officer must –
(a) identify himself or herself to any person on the warrant premises; and
(b) ascertain whether or not the person on the warrant premises is the enforcement debtor; and
(c) show a copy of the warrant to the enforcement debtor; and
(d) give the enforcement debtor an opportunity to pay the enforcement debt in full, by means other than personal cheque; and
(e) subject to subsection (3) , give the enforcement debtor and any other person on the warrant premises an opportunity to allow an enforcement officer entry to any building on the premises.
(2) If a debt is not paid in full after an opportunity to do so is given in accordance with subsection (1)(d) , the enforcement officer is to execute the enforcement warrant and any relevant search warrant in accordance with their terms.
(3) An enforcement officer is not required to comply with subsection (1)(e) if he or she believes on reasonable grounds that immediate entry to any building on the warrant premises is required to ensure the effective execution of either the enforcement warrant or the search warrant.