Power to enter places relating to prescribed respondents
126E Power to enter places relating to prescribed respondents
For the purpose of exercising a prescribed power in respect of a person who is a prescribed respondent, a member may enter a place, without a warrant, if the member suspects on reasonable grounds that the person may be at the place.
Despite subsection (1), the member may not enter any part of the place that is a dwelling without the consent of an occupier of the dwelling.
The member may remain at the place entered under this section for the time reasonably required for the member:
to confirm whether the person is present at the place; and
if the person is present – to exercise the member's prescribed powers in respect of the person.
This section does not limit or prevent the exercise of any other power to enter the place (including any dwelling at the place), whether with or without a warrant, that the member otherwise has under this Act or another law of the Territory.
In this section:
DVO, see section 4 of the Domestic and Family
Violence Act 2007.
dwelling means a building or structure, or part of a building or structure, that is ordinarily occupied for residential purposes, but does not include:
any yard, garden, driveway, carport or other external area that forms part of the premises on which the building or structure is situated; or
any common property or common area that is associated with the premises on which the building or structure is situated.
prescribed power means a power conferred on a member under the Domestic and Family Violence Act 2007 that is prescribed by regulation for this section.
prescribed respondent means a respondent, or class of respondent, prescribed by regulation for this section.
respondent means a person against whom a DVO is in force under the Domestic and Family Violence Act 2007.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.