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Thursday, 24 March 1994
Page: 2276


Senator SPINDLER (6.29 p.m.) —by leave—I move:

2.Clause 4, page 4, after proposed subsection 3E(3), insert the following subsection:

"(3A) If the person applying for the warrant suspects that, in executing the warrant, it will be necessary to make an entry without announcement the person must state that suspicion and the grounds for that suspicion, in the information.".

4.Clause 4, page 4, at the end of proposed paragraph 3E(4)(f), add the following word and paragraph:

"and (g) whether the use of firearms may be necessary;".

5.Clause 4, page 4, at the end of proposed paragraph 3E(4)(f), add the following word and paragraph:

"and (h) whether it may be necessary to make entry without announcement;".

Amendment No. 2 seeks to address the situation where, in certain circumstances, an entry can be made upon a person's property without any announcement to the occupiers. We believe that if the executing officer has a suspicion that this is likely to be done, this information should be disclosed to the issuing officer when the warrant is applied for and should also be noted on the face of the warrant.

  Amendment No. 4 deals with the potential use of firearms. Similarly, we believe the warrant should, wherever possible, anticipate the possibility of the police officer's intention or risk that he or she might have to use a firearm, and that also should be disclosed to the issuing officer. Amendment No. 5 is simply consequential to amendment No. 2 and does not raise any new points. (Quorum formed)