Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-D - Obligations and incidental powers of ACNC officers  

SECTION 75-50   ANNOUNCEMENT BEFORE ENTRY UNDER WARRANT  

75-50(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.

75-50(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.

75-50(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.