PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 116 Power of police officer to search premises for firearms etc. without warrant
PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 116
Power of police officer to search premises for firearms etc. without warrant(1) This section applies if—
S. 116(1)(a) substituted by No. 77/2013 s. 34(1).
(a) either—
(i) a personal safety intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds under section 35(1)(a) or 61(1)(a) for making an order against a person; or
(ii) a police officer intends to serve, or has served, on a person an interstate order or an application for an interstate order made against the person; and
(b) the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon.
S. 116(2) amended by No. 77/2013 s. 34(2).
(2) Subject to section 116A, the police officer may, without warrant, enter and search—
(a) any premises at which the person resides or has resided; or
(b) the premises at which the person committed or allegedly committed prohibited behaviour or stalking; or
(c) a vehicle registered in the person's name.
(3) To enter premises or a vehicle under subsection (2), a police officer may, if it is necessary to do so, use reasonable force.
S. 116A inserted by No. 77/2013 s. 35.