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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.