Victorian Consolidated Legislation

Surveillance Devices Act 1999 - SECT 34

Announcement before entry

34. Announcement before entry



(1) Before executing a search warrant, the member of Victoria Police named in
the warrant or a person assisting him or her must-

   (a)  announce that he or she is authorised by the warrant to enter-

   (i)  in the case of a warrant issued in respect of particular premises, the
        premises; or

   (ii) in the case of a warrant issued in respect of a particular vehicle
        located in a public place, the vehicle; and

   (b)  give any person at the premises or on or in the vehicle, as the case
        may be, an opportunity to allow entry to the premises or the vehicle.

(2) The member of Victoria Police or person assisting him or her need not
comply with subsection (1) if he or she believes on reasonable grounds that
immediate entry to the premises or vehicle is required to ensure-

   (a)  the safety of any person; or

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