sec.39Procedure before entry

sec.39 Procedure before entry

This section applies if an authorised officer intends to enter a prescribed vehicle under section 38 . If a person is present at the prescribed vehicle, the authorised officer must, before entering the prescribed vehicle, do or make a reasonable attempt to do the following things— comply with section 32 ; tell the person the purpose of the entry; ask for the person’s consent to the entry; tell the person the authorised officer is permitted under this Act to enter the prescribed vehicle without consent. If a person is not present at the prescribed vehicle, the authorised officer must, before entering the prescribed vehicle— take reasonable steps to find the owner of the prescribed vehicle; and comply with subsection (2) (a) to (d) for the owner. Subsection (3) does not require the authorised officer to take a step the authorised officer believes may frustrate or otherwise hinder the purpose of the intended entry. In this section— owner , of a prescribed vehicle, includes a person who appears to be in control of the prescribed vehicle. (sec.39-ssec.1) This section applies if an authorised officer intends to enter a prescribed vehicle under section 38 . (sec.39-ssec.2) If a person is present at the prescribed vehicle, the authorised officer must, before entering the prescribed vehicle, do or make a reasonable attempt to do the following things— comply with section 32 ; tell the person the purpose of the entry; ask for the person’s consent to the entry; tell the person the authorised officer is permitted under this Act to enter the prescribed vehicle without consent. (sec.39-ssec.3) If a person is not present at the prescribed vehicle, the authorised officer must, before entering the prescribed vehicle— take reasonable steps to find the owner of the prescribed vehicle; and comply with subsection (2) (a) to (d) for the owner. (sec.39-ssec.4) Subsection (3) does not require the authorised officer to take a step the authorised officer believes may frustrate or otherwise hinder the purpose of the intended entry. (sec.39-ssec.5) In this section— owner , of a prescribed vehicle, includes a person who appears to be in control of the prescribed vehicle.

• (a) comply with section 32 ;
• (b) tell the person the purpose of the entry;
• (c) ask for the person’s consent to the entry;
• (d) tell the person the authorised officer is permitted under this Act to enter the prescribed vehicle without consent.
• (a) take reasonable steps to find the owner of the prescribed vehicle; and
• (b) comply with subsection (2) (a) to (d) for the owner.