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DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 85 Retrieval of defendant's personal property

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 85

Retrieval of defendant's personal property

    (1)     This section applies if:

        (a)     a DVO includes a premises access order; and

        (b)     personal property of the defendant is located on the premises the subject of the order.

    (2)     The defendant may, if accompanied by a police officer:

        (a)     enter the premises at any reasonable time; and

        (b)     retrieve the property.

    (3)     The defendant is not in contravention of the DVO merely because of entry of the premises and retrieval of the property under subsection (2).

    (4)     The police officer may use reasonable force or assistance for the entry of the premises and retrieval of the property.

    (5)     In this section:

"personal property" includes clothes, tools of trade, personal documents and other items of personal effect.