Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 36

Search without warrant

36. Search without warrant



(1) This section applies if-

   (a)  an intervention order has been made against a person, or a police
        officer is satisfied that, on the balance of probabilities, there are
        grounds for the making of an intervention order against a person; and

   (b)  the police officer is aware, or has reasonable grounds to suspect,
        that the person is in possession of a firearm, a firearms authority or
        ammunition.

(2) 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
        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.