Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 40D

    (1)     A police officer must, before anyone enters premises under a warrant mentioned in section 40C—

        (a)     announce that the officer is authorised to enter the premises; and

        (b)     give anyone at the premises an opportunity to allow entry to the premises; and

        (c)     if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person.

    (2)     A police officer is not required to comply with subsection (1) if the officer believes on reasonable grounds that immediate entry to the premises is required to ensure—

        (a)     the safety of the officer or anyone assisting the officer; or

        (b)     the safety of anyone at the premises; or

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

    (3)     If an occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a warrant is being executed, the police officer or anyone assisting must make available to the person a copy of the warrant.

    (4)     In this section:

"occupier", of premises, includes—

        (a)     a person believed on reasonable grounds to be an occupier of the premises; and

        (b)     a person apparently in charge of the premises.