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MIGRATION ACT 1958 - SECT 487M

Announcement before entry under search warrant

  (1)   Before entering premises under a search warrant, an authorised 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 another person who apparently represents 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 authorised officer is not required to comply with subsection   (1) if the authorised officer reasonably believes that immediate entry to the premises is required:

  (a)   to ensure the safety of a person; or

  (b)   to ensure that the effective execution of the search warrant is not frustrated.

  (3)   If:

  (a)   an authorised officer does not comply with subsection   (1) because of subsection   (2); and

  (b)   the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the authorised officer must show his or her identity card to the occupier or other person, as soon as practicable after entering the premises.


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