Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53b
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53B
Character Range: 33958–35379

53B  Announcement before entry under warrant
 (1) An inspector must, before entering premises under an enforcement warrant:
 (a) announce that he or she is authorised to enter the premises; and
 (b) show:
 (i) his or her identity card; or
 (ii) written evidence identifying the inspector as a member or special member of the Australian Federal Police or an officer of Customs;
  to the occupier of the premises, or another person apparently representing the occupier, if the occupier or other person is present at the premises; and
 (c) give any person at the premises an opportunity to allow entry to the premises.
 (2) However, an 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 prevent serious damage to the environment; or
 (b) to ensure that the effective execution of the warrant is not frustrated.
 (3) If:
 (a) an inspector is not required to comply with subsection (1) because of subsection (2); and
 (b) the occupier of the premises, or another person apparently representing the occupier, is present at the premises;
the inspector must, as soon as practicable after entering the premises, show:
 (c) his or her identity card; or
 (d) written evidence identifying the inspector as a member or special member of the Australian Federal Police or an officer of Customs;
to the occupier or other person.