EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3J Announcement before entry

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3J

    (1)     On executing a search warrant in respect of any premises, the authorised officer executing the warrant—

        (a)     must announce that he or she is authorised by the warrant to enter the premises; and

        (b)     if the officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

    (2)     An authorised officer need not comply with subsection (1) if he or she believes, on reasonable grounds that immediate entry to the premises is required to ensure—

        (a)     the safety of any person; or

        (b)     that the effective execution of the search warrant is not frustrated.

S. 5.8.3K inserted by No. 71/2010 s. 44.