sec.98Warrants—procedure before entry

sec.98 Warrants—procedure before entry

This section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant. Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised person’s identity card or a copy of another document evidencing the authorised person’s appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 97 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force. However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. (sec.98-ssec.1) This section applies if an authorised person named in a warrant issued under this division for a place is intending to enter the place under the warrant. (sec.98-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised person’s identity card or a copy of another document evidencing the authorised person’s appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 97 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force. (sec.98-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds 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 authorised person’s identity card or a copy of another document evidencing the authorised person’s appointment;
• (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 97 (6) , a copy of the facsimile warrant or warrant form;
• (c) tell the person the authorised person is permitted by the warrant to enter the place;
• (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.