MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 38S Power to enter premises to arrest person

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 38S

  (1)   Subject to subsection   (2), if:

  (a)   a police officer has, under this Act or under a warrant issued under the regulations, power to arrest a person; and

  (b)   the police officer believes on reasonable grounds that the person is on any premises;

the police officer may, at any time of the day or night, enter the premises for the purpose of searching the premises for the person or arresting the person. In doing so, the police officer may use such force as is necessary and reasonable in the circumstances.

  (2)   A police officer must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that it will not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time.

  (3)   In subsection   (2):

"dwelling house" includes:

  (a)   a vehicle; or

  (b)   a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.