Availability of assistance and use of force in executing a warrant
3ZZKG Availability of assistance and use of force in executing a warrant
Scope
This section applies if:
a constable enters premises under section 3ZZKA; and
the entry is authorised by a monitoring warrant.
Availability of assistance and use of force
In:
executing the warrant; or
exercising the powers set out in section 3ZZKF in relation to the premises;
the constable may use such force against persons and things as is necessary and reasonable in the circumstances.
In executing the warrant, the constable may obtain such assistance as is necessary and reasonable in the circumstances.
If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person may:
enter the premises; and
exercise the monitoring powers in relation to the premises; and
in:
entering the premises; or
exercising the monitoring powers;
use such force against things as is necessary and reasonable in the circumstances.
If a person (other than a constable) has been authorised by the constable to assist in executing the warrant:
the person may only exercise the monitoring powers set out in subsection 3ZZKD(2) if the constable forms the suspicion mentioned in that subsection; and
the person must not exercise a power set out in subsection 3ZZKD(5) or section 3ZZKE or 3ZZKF.
A power exercised by a person assisting the constable as mentioned in subsection (4) is taken to have been exercised by the constable.
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