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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 157 Entry and search of premises

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 157

Entry and search of premises

    (1)     A police officer may, without warrant, enter and search any premises where the officer on reasonable grounds believes a person to be if—

        (a)     the officer reasonably believes that the person has assaulted or threatened to assault a family member; or

S. 157(1)(b) amended by No. 53/2016 s. 59.

        (b)     the officer reasonably believes the person is on the premises in contravention of a family violence intervention order, recognised DVO or family violence safety notice; or

        (c)     the officer reasonably believes the person is refusing or failing, or has refused or failed, to comply with a direction to which the person is subject under Division 1 of Part 3; or

        (d)     the officer has the express or implied consent of an occupier of the premises to do so.

    (2)     In order to enter premises under subsection (1), a police officer may, if it is necessary to do so, use reasonable force.

    (3)     This section does not limit any other power that a police officer may have to enter premises under this or any other Act or at common law.