QLDIn ForceAct
Water Act 2000
sec.754Warrants—procedure before entry
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### sec.754 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 753 (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 believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
s 754 amd 2001 No. 75 s 3 sch 2 ; 2005 No. 19 s 129
(sec.754-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.
(sec.754-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 753 (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.754-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer 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 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 753 (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.