Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 94

Procedure for executing warrant

    (1)     On executing a search warrant, the person executing the warrant—

        (a)     must announce that he or she is authorised by the warrant to enter the premises; and

        (b)     if the person has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

    (2)     A person executing a warrant need not 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 any person; or

        (b)     that the effective execution of the search warrant is not frustrated.

    (3)     If the occupier is present at premises where a search warrant is being executed, the person executing the warrant must—

        (a)     identify himself or herself to the occupier; and

        (b)     give the occupier a copy of the warrant.

    (4)     If the occupier is not present at premises where a search warrant is being executed, the person executing the warrant must—

        (a)     identify himself or herself to a person at the premises who is apparently over the age of 18 years; and

        (b)     give that person a copy of the warrant.

    (5)     If there is no person apparently over the age of 18 years present at premises where a search warrant is being executed, the person executing the warrant must leave a copy of the warrant in a conspicuous place at the premises, unless the Director has given a direction under subsection (6).

    (6)     The Director may direct that a copy of a search warrant not be left at premises where no person apparently over the age of 18 years is present if the Director is satisfied that it would be contrary to the public interest for the copy to be left at the premises.



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