Commonwealth Consolidated Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 435

Announcement before entry

  (1)   An authorised officer must, before any person enters premises under a warrant or to arrest a person under this Act:

  (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.

  (2)   An authorised 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)   that the effective execution of the warrant or the arrest is not frustrated.


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