Victorian Current Acts Victorian Current ActsS. 34(1) amended by No. 26/2004 s. 15(c), substituted by No. 25/2009 s. 36(1), amended by No. 37/2014 s. 10(Sch. item 163.4).
(1) Before executing a search warrant, the police officer named in the warrant or a person assisting him or her must—
(a) announce that he or she is authorised by the warrant to enter—
(i) in the case of a warrant issued in respect of particular premises, the premises; or
(ii) in the case of a warrant issued in respect of a particular vehicle located in a public place, the vehicle; and
(b) give any person at the premises or on or in the vehicle, as the case may be, an opportunity to allow entry to the premises or the vehicle.
S. 34(2) amended by Nos 26/2004 s. 15(c), 25/2009 s. 36(2), 37/2014 s. 10(Sch. item 163.4).
(2) The police officer or person assisting him or her need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.