Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61D

Procedure for executing warrant

61D. Procedure for executing warrant



(1) On executing a search warrant, the person executing the warrant-

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

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

(2) A person executing a warrant 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.

(3) If the occupier is present at premises where a search warrant is being
executed, the person executing the warrant must-

   (a)  identify himself or herself to the occupier; and

   (b)  give the occupier a copy of the warrant.

(4) If the occupier is not present at premises where a search warrant is being
executed, the person executing the warrant must-

   (a)  identify himself or herself to a person at the premises; and

   (b)  give that person a copy of the warrant.