Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 38

Announcement before entry

38. Announcement before entry



(1) Before executing a search warrant, the police officer named in the warrant
or person assisting the police officer must announce that he or she is
authorised by warrant to enter the premises and give any person at the
premises an opportunity to allow entry to the premises.

(2) The police officer or a person assisting the police officer need not
comply with subsection (1) if the police officer or assistant believes, on
reasonable grounds, that immediate entry to the premises is required to
ensure-

   (a)  the safety of any person; or

   (b)  that the effective execution of the search warrant is not frustrated.

(3) To enter premises under the search warrant, a police officer may, if it is
necessary to do so, use reasonable force.