STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 37E
Use of force
STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 37E
Use of force
37E Use of force
(1) Reasonable force may be used for the purpose of gaining entry to premises
to comply with a direction under section 37A but only if the Minister--
(a)
has authorised in writing the use of force in the particular case, or
(b) has
specified in writing the circumstances that are required to exist before force
may be used and the particular case falls within those circumstances.
(2) If
a person authorised to enter premises uses force to do so, the person must, as
soon as practicable, inform the person who directed him or her to exercise the
function under section 37A.
(3) The person so informed of the use of force
must give notice of the use of force to such persons or authorities as appear
to the person to be appropriate in the circumstances.
(4) If a person's
property is damaged by the exercise of a right of entry, the person is to
receive such compensation as may be determined by the Minister or, if the
damage arose as the result of the exercise of a right of entry by a police
officer, the Minister for Police, but is not entitled to receive compensation.
(5) A person may apply to the Premier for a review of a determination as to
compensation made by the Minister or the Minister for Police under this
section.
