Document ID: chunk:federal_register_of_legislation:C2004A01154:clause:1_83o
Version: federal_register_of_legislation:C2004A01154
Segment Type: clause
Provision Reference: sch 1 cl 83O
Character Range: 24566–26083

83O  Executing a warrant to enter premises

Circumstances in which this section applies

 (1) This section applies if:
 (a) a warrant is being executed by an authorised officer in respect of premises; and
 (b) the occupier of the premises is present.

Obligations of authorised officer executing a warrant

 (2) The authorised officer must:
 (a) make a copy of the warrant available to the occupier; and
 (b) show the occupier his or her identity card; and
 (c) inform the occupier of his or her rights and responsibilities under subsections (3) to (7).

Persons entitled to observe execution of warrant

 (3) The occupier, or a person nominated by the occupier who is readily available, is entitled to observe the execution of the warrant.

 (4) The right to observe the execution of the warrant ceases if the occupier or the nominated person impedes that execution.

 (5) Subsection (3) does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.

Occupier to provide reasonable facilities and assistance

 (6) The occupier must provide the authorised officer and any person assisting that officer with all reasonable facilities and assistance for the effective exercise of their powers under the warrant.

 (7) An occupier commits an offence if the occupier fails to comply with subsection (6).

Penalty: 10 penalty units.

 (8) The offence created by subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.