Trustees Act 1967 · 2020 Revised Edition · Part 7 · Transparency and Effective Control
84I. Procedure for execution of warrant
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The powers conferred under a warrant issued under section 84H(1) in relation to any premises must not be exercised except upon production of the warrant.
If a warrant is issued under section 84H(1) and there is no one at the premises when the Commissioner proposes to execute the warrant, the Commissioner must, before executing the warrant —
take such steps as are reasonable in all the circumstances to inform the occupier of the premises of the intended entry into the premises; and
subject to subsection (3), give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed.
If the Commissioner is unable to inform the occupier of the premises of the intended entry into the premises, the Commissioner must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises.
Any person entering any premises by virtue of the warrant may take with him or her any item that the person considers necessary.
A woman may be searched pursuant to the warrant only by another woman and with strict regard to decency.
On leaving any premises specified in a warrant issued under section 84H(1), the Commissioner must, if the premises are unoccupied or if the occupier of the premises is temporarily absent, leave the premises as effectively secured as the Commissioner found the premises.
In this section, “occupier”, in relation to any premises specified in a warrant issued under section 84H(1), means a person whom the Commissioner reasonably believes to be the occupier of those premises.