FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 5 - RIGHTS AND OBLIGATIONS RELATING TO THE OBTAINING AND EXECUTION OF WARRANTS GENERALLY  

SECTION 34 (Repealed by 74 of 2006)   ANNOUNCEMENT BEFORE ENTRY  

34(1)
Before any person proposes to enter premises under a monitoring warrant or a search warrant, the executing officer must:

(a) announce that he or she is authorised to enter the premises; and

(b) give any person at the premises an opportunity to allow entry to the premises.

34(2)
The executing officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a) the safety of a person (including an authorised officer); or

(b) in the case of a search warrant - that the effective execution of the warrant is not frustrated.