Document ID: chunk:federal_register_of_legislation:C2024C00559:clause:1_116
Version: federal_register_of_legislation:C2024C00559
Segment Type: clause
Provision Reference: sch 1 cl 116
Character Range: 161371–162702

116  Announcement before entry under warrant
 (1) A marine safety inspector must, before entering premises under a warrant:
 (a) announce that he or she is authorised to enter the premises; and
 (b) if the inspector was appointed under section 91—show his or her identity card to the occupier of the premises if the occupier is present at the premises; and
 (c) if the inspector is a member of the Australian Federal Police or of the police force (however described) of a State or a Territory and is not in uniform—show his or her police identification to the occupier of the premises if the occupier is present at the premises; and
 (d) give any person at the premises an opportunity to allow entry to the premises.
 (2) However, a marine safety inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required:
 (a) to ensure the safety of a person; or
 (b) to ensure that the effective execution of the warrant is not frustrated.
 (3) If:
 (a) a marine safety inspector does not comply with subsection (1) because of subsection (2); and
 (b) the occupier of the premises is present at the premises;
the inspector must, as soon as practicable after entering the premises, show his or her identity card or police identification to the occupier.