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FINES ACT 1996 - SECT 76
Power of entry to execute property seizure order
76 Power of entry to execute property seizure order
(1) The person executing a property seizure order may, at any reasonable time
of the day or night, enter any premises for the purposes of executing the
order.
(2) Subsection (1) does not authorise any such person to enter any
part of premises used only for residential purposes without the permission of
the occupier of the premises or the authority of a search warrant under this
section.
(3) Any such person may apply to an authorised officer for the issue
of a search warrant if the person believes on reasonable grounds that there
may be property liable to seizure under the property seizure order in any
premises.
(4) An authorised officer to whom any such application is made may,
if satisfied that there are reasonable grounds for doing so, issue a search
warrant authorising any person who is executing the property seizure order to
enter the premises and seize property in the premises in accordance with that
or any other property seizure order.
(5) Division 4 of Part 5 of the Law
Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant
issued under this section.
(6) Without affecting the generality of section 71
of the Law Enforcement (Powers and Responsibilities) Act 2002 , a police
officer-- (a) may accompany a person executing a search warrant, and
(b) may
take all reasonable steps to assist the person in the exercise of the person's
functions under this section.
(7) This section does not authorise a person to
seize property under any warrant of execution or order (other than a property
seizure order) while the person is in premises in pursuance only of the
authority conferred by this section.
(8) In this section--
"authorised officer" has the same meaning as it has in the
Law Enforcement (Powers and Responsibilities) Act 2002 .
"premises" includes any structure, building, aircraft, vehicle, vessel or
place (whether built upon or not).
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