South Australian Numbered Acts South Australian Numbered Acts20—Amendment of the NEL—deletion and substitution of sections 22
and 23
NEL—delete sections 22 and 23 and substitute:
22—Announcement of entry and details of warrant to be given to occupier
or other person at premises
(1) This section
applies if the occupier or another person who apparently represents the
occupier is present at premises when a search warrant is being executed.
(2) The authorised
person executing the warrant must—
(a)
identify himself or herself to that person; and
(b)
announce that he or she is authorised by the warrant to enter the place; and
(c)
before using force to enter, give the person an opportunity to allow entry;
and
(d) give
the person a copy of the warrant.
(3) The authorised
person executing the warrant is not entitled to exercise any powers under the
warrant in relation to premises if the authorised person does not comply with
subsection (2).
23—Announcement before entry
An authorised person executing a warrant need not comply with section 22
if he or she believes on reasonable grounds that immediate entry to premises
is required to ensure—
(a) the
safety of any person; or
(b) that
the effective execution of the search warrant is not frustrated.