Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision D - Provisions applicable both to search and seizure warrants  

SECTION 107DC   DETAILS OF WARRANT TO BE GIVEN TO OCCUPIER  

107DC(1)  
If:


(a) a search warrant or a seizure warrant in relation to premises is being executed; and


(b) the occupier of the premises of another person who apparently represents the occupier is present at the place where the warrant is executed;

the executing officer or a person assisting must make available to that person a copy of the warrant.

107DC(2)  
If a person is searched under a warrant in relation to premises, the executing officer or a person assisting must show the person a copy of the warrant.

107DC(3)  
The executing officer must identify himself or herself to the person at the place where the warrant is executed.

107DC(4)  
At the time of executing the warrant, the executing officer or a person assisting:


(a) is not required to have in his or her possession or under his or her immediate control the original warrant; but


(b) must have in his or her possession or under his or her immediate control a copy of the warrant.

107DC(5)  
In this section:

a copy of the warrant
means:


(a) in relation to a warrant issued under section 107BA or 107CA - a copy that includes the signature of the judicial officer who issued the warrant and the seal of the relevant court; and


(b) in relation to a warrant issued under section 107DG - a completed form of warrant that includes the name of the judicial officer who issued the warrant.




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