Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p29
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 68247–70864

charged with an offence, provide the person with the name of every person who, to the knowledge of the constable, claims to have seen, at or about the time of the commission of the offence, a person who is suspected of being involved in its commission.

  "(3) If:

  (a) a record of a description of a person is made under subsection (1); and

  (b) the person is charged with an offence to which the description relates;

a constable must notify the person or his or her legal representative in writing that a copy of the record, and of any other record of a description that the constable knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.

"(4) If the constable suspects on reasonable grounds that providing the name of a person under subsection (2) could:

  (a) place the person in danger; or

  (b) expose the person to harassment or unreasonable interference;

the constable is not required to provide the name of the person.

"Division 5—General

Conduct of ordinary searches and frisk searches

"3ZR. An ordinary search or a frisk search of a person under this Part must, if practicable, be conducted by a person of the same sex as the person being searched.

Announcement before entry

"3ZS.(1) A constable must, before any person enters premises under a warrant or to arrest a person:

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

    (b) give any person at the premises an opportunity to allow entry to the premises.

"(2) A constable is not required to comply with subsection (i) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

  (a) the safety of a person (including a constable); or

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

Offence for making false statements in warrants

"3ZT. A person must not make, in an application for a warrant, a statement that the person knows to be false or misleading in a material particular.

Penalty: Imprisonment for 2 years.

Offences relating to telephone warrants

  "3ZU. A person must not:

     (a) state in a document that purports to be a form of warrant under section 3R the name of an issuing officer unless that officer issued the warrant; or

     (b) state on a form of warrant under that section a matter that, to the person's knowledge, departs in a material particular from the form authorised by the issuing officer; or

     (c) purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the