Power to enter premises
13S Power to enter premises
S. 13S(1) amended by No. 37/2014 s. 10(Sch. item 167.16(a) (ii)(iii)).
Subject to subsection (2), if—
a preventative detention order is in force in relation to a person; and
S. 13S(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.16 (a)(i)).
a police officer believes on reasonable grounds that the person is on any premises—
the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody.
S. 13S(2) amended by No. 37/2014 s. 10(Sch. item 167.16(b)).
A police officer must not enter any premises that are used for residential purposes at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the police officer believes on reasonable grounds that—
it would not be practicable to take the person into custody, either at those premises or elsewhere, at another time; or
it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.
S. 13T inserted by No. 5/2006 s. 4.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.