Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 382

382 Warrants—entry procedure

(1) This section applies if an authorised person is intending to enter a place under a warrant for apprehension of a person.

(2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—

(a) identify himself or herself to a person present at the place who is an occupier of the place;

Note—

See also the Police Powers and Responsibilities Act 2000 , section 637 .

(b) give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 380 (3) , a copy of the duplicate warrant;

(c) tell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant;

(d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.

(3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.