Section 135F — Competition and Consumer Act 2010 (Cth)

(1) An inspector must, before entering premises under a search warrant:

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

(b) show his or her identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

(c) give any person at the premises an opportunity to allow entry to the premises.

(2) However, an inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required:

(a) to ensure the safety of a person (including the inspector or a person assisting the inspector); or

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

(3) If:

(a) the inspector does not comply with subsection (1) because of subsection (2); and

(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the inspector must, as soon as practicable after entering the premises, show his or her identity card to the occupier or other person.

Related sections

• s 135C — Failure to answer questions or produce documents
• s 135D — Persons assisting inspectors
• s 135E — Use of force in executing a search warrant
• s 135G — Inspector must be in possession of search warrant
• s 135H — Consent
• s 135J — Details of search warrant etc. must be given to the occupier of the premises

Research how courts apply s 135F

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