sec.35Warrants—procedure before entry

### sec.35 Warrants—procedure before entry This section applies if an authorised officer is intending to enter a place under a warrant issued under this division. Before entering the place, the authorised officer 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 officer’s identity card or a copy of another document evidencing the authorised officer’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 34 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force. However, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. If there is no person present at the place who is an occupier of the place, or it is vacant land, it is sufficient compliance with subsection (2) for the officer, before entering the place, to do or make a reasonable attempt to do the following things— contact an owner or occupier of the place; tell the owner or occupier the authorised officer is permitted by the warrant to enter the place; give the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force. s 35 amd 2000 No. 35 s 12 ; 2003 No. 10 s 61 ; 2004 No. 1 s 18 (sec.35-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this division. (sec.35-ssec.2) Before entering the place, the authorised officer 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 officer’s identity card or a copy of another document evidencing the authorised officer’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 34 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force. (sec.35-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. (sec.35-ssec.4) If there is no person present at the place who is an occupier of the place, or it is vacant land, it is sufficient compliance with subsection (2) for the officer, before entering the place, to do or make a reasonable attempt to do the following things— contact an owner or occupier of the place; tell the owner or occupier the authorised officer is permitted by the warrant to enter the place; give the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force. - (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card or a copy of another document evidencing the authorised officer’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 34 (6) , a copy of the facsimile warrant or warrant form; - (c) tell the person the authorised officer is permitted by the warrant to enter the place; - (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force. - (a) contact an owner or occupier of the place; - (b) tell the owner or occupier the authorised officer is permitted by the warrant to enter the place; - (c) give the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force.