Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p50
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 50/56)
Character Range: 208401–211183

relevant to:
 (a) whether a private health insurer is liable to pay *complaints levy; or
 (b) the amount of complaints levy that the insurer is liable to pay.
 (3) Before obtaining the consent of the *occupier, the *authorised officer must inform the occupier that he or she may refuse consent.
 (4) An entry by an *authorised officer with the consent of the *occupier is not lawful if the consent of the occupier is not voluntary.
 (5) The *authorised officer must leave the *premises if the *occupier asks the officer to do so.

313‑5  Authorised officer may enter premises under warrant
 (1) If an *authorised officer has reason to believe that there are *levy‑related documents on particular *premises, the officer may apply to a magistrate for a warrant authorising the officer to enter the premises for the purpose of exercising *search powers in relation to the documents.
 (2) If the magistrate is satisfied by information on oath or affirmation that there are reasonable grounds for believing that there are *levy‑related documents on the *premises, the magistrate may issue a warrant.
 (3) The warrant must:
 (a) authorise one or more *authorised officers to enter the *premises for the purpose of exercising *search powers in relation to *levy‑related documents; and
 (b) state whether the entry is authorised at any time of the day or night or during specified hours of the day or night; and
 (c) authorise the officers to use such assistance and force as is necessary and reasonable to enter the premises for the purpose of exercising search powers in relation to levy‑related documents.
 (4) The *authorised officers do not have to be named in the warrant.

313‑10  Announcement before entry
  An *authorised officer executing a warrant under section 313‑5 in respect of *premises must, before entering the premises under the warrant:
 (a) announce that he or she is authorised to enter the premises; and
 (b) before using assistance and force under the warrant to enter the premises—give any person on the premises an opportunity to allow the authorised officer to enter the premises without the use of assistance and force.

313‑15  Executing a warrant to enter premises

Circumstances in which this section applies
 (1) This section applies if:
 (a) a warrant under section 313‑5 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 the officer's identity card; and
 (c) inform the occupier of the occupier's rights and responsibilities under subsections (3) to (6).

Persons entitled to observe execution of warrant
 (3)