Note. Safeguards relating to the exercise of powers under this Part are set out in Parts 15 and
17.
81 Definitions
In this Part:
domestic violence offence has the same meaning as in the Crimes
(Domestic and Personal Violence) Act 2007.
occupier of a dwelling means a person immediately entitled to
possession of the dwelling.
82 Entry by invitation (cf Crimes Act 1900, s 357F)
(1) A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes:
(a) to investigate whether a domestic violence offence has been committed,
(b) to take action to prevent the commission or further commission of a domestic violence offence.
(2) However, a police officer may not enter or remain in a dwelling merely because of any such invitation if:
(a) authority to so enter or remain is expressly refused by an occupier of the dwelling, and
(b) the police officer is not otherwise authorised (whether under this or any other Act or law or subsection (3)) to so enter or remain. (3) A police officer may exercise a power to enter and remain in a dwelling
if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so. (4) For the purposes of this section, a victim of a domestic violence offence
is any person against whom a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed.
83 Entry by warrant where entry denied (cf Crimes Act 1900, s 357G)
(1) A police officer may apply to an authorised officer for a warrant if the police officer:
(a) has been denied entry to a specified dwelling, and (b) the police officer suspects that:
(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
(ii) it is necessary for a police officer to enter the dwelling immediately in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
(2) An authorised officer may, if satisfied that there are reasonable grounds for the police officer’s suspicion, issue a warrant authorising any police officer:
(a) to enter the dwelling, and
(b) to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.
Note. For provisions relating to applications for warrants, and other related
matters, see section 59.
84 Obstruction or hindrance of person executing warrant (cf Search Warrants Act 1985, s 9)
A person must not, without reasonable excuse, obstruct or hinder a person executing a warrant issued under this Part.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
85 Powers that may be exercised on entry into premises (cf Crimes Act 1900, s 357H)
(1) A police officer who enters a dwelling pursuant to a power conferred by or under this Part is to take only the action in the dwelling that is reasonably necessary:
(a) to investigate whether a domestic violence offence has been committed, and
(b) to render aid to any person who appears to be injured, and (c) to exercise any lawful power to arrest a person, and
(d) to prevent the commission or further commission of a domestic violence offence.
Law Enforcement (Powers and Responsibilities) Act 2002 No 103 Section 86
(2) A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms. (3) A police officer who so enters a dwelling is to remain in the dwelling only as long as is necessary to take the actions required or permitted by this Part.
86 Police may enter and search for firearms (cf Crimes Act 1900, s 357I)
(1) A police officer who, on an inquiry under section 85, is informed that there is no firearm in the dwelling but who believes on reasonable grounds that there is or are a firearm or firearms in the dwelling, must apply to an authorised officer for the issue of a search warrant.
(2) A police officer who believes on reasonable grounds that:
(a) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, otherwise than in a dwelling, and
(b) any of the persons concerned may have a firearm in a dwelling, must apply to an authorised officer for the issue of a search warrant. (3) In addition to any other powers of an authorised officer under Part 5, an
authorised officer who issues a search warrant that a police officer is required to apply for under this section may, in the warrant, authorise any police officer:
(a) to enter and search the dwelling concerned for firearms, and (b) to seize and detain any firearms that may be found in the
dwelling.
(4) This section does not apply to a police officer if the circumstances are such that the police officer has power to search and seize a dangerous article under another provision of this Act or another law.
87 Search and seizure powers (cf Crimes Act 1900, s 357)
A police officer who enters a dwelling under a power conferred by or under this Act and who believes, on reasonable grounds, that:
(a) a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling, and
(b) that the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
may search the dwelling for the dangerous article or dangerous implement and seize and detain the dangerous article or dangerous implement.
Law Enforcement (Powers and Responsibilities) Act 2002 No 103 Section 87A