sec.138Warrants—procedure before entry

### sec.138 Warrants—procedure before entry This section applies if an authorised person is intending to enter a place under a warrant issued under this part. 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 a copy of the authorised person’s identity card or other 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 137 (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. s 138 ins 2003 No. 32 s 18 amd 2011 No. 6 s 119 (sec.138-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant issued under this part. (sec.138-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 a copy of the authorised person’s identity card or other 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 137 (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.138-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 a copy of the authorised person’s identity card or other 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 137 (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.