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CONFISCATION ACT 1997 - SECT 97E Copy of search and inspection warrant to be given to occupier

CONFISCATION ACT 1997 - SECT 97E

Copy of search and inspection warrant to be given to occupier

    (1)     A person executing a search and inspection warrant must—

        (a)     if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or

        (b)     if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant.

Penalty:     Level 10 fine (10 penalty units maximum).

    (2)     If a person executing a search and inspection warrant—

        (a)     believes that the occupier is not present at the premises and that no other person is present at the premises; or

        (b)     has given a copy of the warrant to a person at the premises who is not the occupier

he or she must give the occupier a copy of the warrant as soon as practicable but not more than 7 days after the warrant is executed.

Penalty:     Level 10 fine (10 penalty units maximum).

S. 97F inserted by No. 63/2003 s. 27.