Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p29
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 29/66)
Character Range: 103910–106598

commits an offence if:
 (a) the individual is subject to a requirement under subsection (3); and
 (b) the individual fails to comply with the requirement.
Penalty for contravention of this subsection: 20 penalty units.

Subdivision 75‑D—Obligations and incidental powers of ACNC officers

75‑45  Consent
 (1) Before obtaining the consent of an occupier of premises for the purposes of paragraph 75‑15(2)(a), an ACNC officer must inform the occupier that the occupier may refuse consent.
 (2) A consent has no effect unless the consent is voluntary.
 (3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.
 (4) The occupier may extend the period of a consent that is limited as mentioned in subsection (3).
 (5) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.
 (6) If an ACNC officer entered premises because of the consent of the occupier of the premises, the ACNC officer, and any individual assisting the ACNC officer, must leave the premises if the consent ceases to have effect.

75‑50  Announcement before entry under warrant
 (1) Before entering premises under a monitoring warrant, an ACNC officer must:
 (a) announce that he or she is authorised to enter the premises; and
 (b) show his or her identity card to the occupier of the premises, or to an individual who apparently represents the occupier, if the occupier or individual is present at the premises; and
 (c) give any individual at the premises an opportunity to allow entry to the premises.
 (2) However, an ACNC officer is not required to comply with subsection (1) if the ACNC officer believes on reasonable grounds that immediate entry to the premises is required:
 (a) to ensure the safety of an individual; or
 (b) to ensure that the effective execution of the warrant is not frustrated.
 (3) If:
 (a) an ACNC officer does not comply with subsection (1) because of subsection (2); and
 (b) the occupier of the premises, or an individual who apparently represents the occupier, is present at the premises;
the ACNC officer must show his or her identity card to the occupier or individual as soon as practicable after entering the premises.

75‑55  ACNC officer to be in possession of warrant
  An ACNC officer executing a monitoring warrant must be in possession of the warrant or a copy of the warrant.

75‑60  Details of warrant etc. to be given to occupier
 (1) An ACNC officer must comply with subsection (2) if:
 (a) a monitoring warrant is being executed in relation to premises; and
 (b) the occupier of the premises,