Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p27
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 64669–67352

than is necessary and reasonable to search it and any container found on it.

"(2) An authorised person exercising a power under section 203B or 203C may use such 'force as is necessary and reasonable in the circumstances, but must not damage any place, conveyance or container unless:

    (a) the person (if any) apparently in charge of the place, conveyance or container has been given a reasonable opportunity to facilitate the search by providing access to or by opening the conveyance or container; or

    (b) it is not possible to give that person such an opportunity.

"Subdivision E—Provisions applicable both to search and seizure warrants

Conduct of ordinary searches and frisk searches

"203E. An ordinary search or a frisk search of a person under this Division must, if practicable, be conducted by a person of the same sex as the person being searched.

Announcement before entry

"203F.(1) The executing officer must, before any person enters premises under a search warrant or a seizure warrant:

    (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) The executing officer is not required to 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 a person (including the executing officer); or

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

SCHEDULE 4—continued

Details of warrant to he given to occupier

"203G.(1) If a search warrant or a seizure warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the place where the warrant is executed, the executing officer or a person assisting must make available to that person a copy of the warrant.

"(2) If a person is searched under a warrant in relation to premises, the executing officer or a person assisting must show the person a copy of the warrant.

"(3) The executing officer must identify himself or herself to the person at the place where the warrant is executed.

"(4) At the time of executing the warrant, the executing officer or a person assisting:

    (a) is not required to have in his or her possession or under his or her immediate control the original warrant; but

    (b) must have in his or her possession or under his or her immediate control a copy of the warrant.

"(5) In this section:

'a copy of the warrant' means:

    (a) in relation to a warrant issued under section 198 or 203—a copy that includes the signature of the judicial officer who