16DLimits on entry into and inspection of residential premises by police officers

16D Limits on entry into and inspection of residential premises by police officers

16D Limits on entry into and inspection of residential premises by police officers

(1) The entry power under section 16C must not be exercised at particular residential premises of the registrable person more than 2 times in a calendar year, except as provided by subsection (2).

(2) The entry power may be exercised at particular residential premises more than 2 times in a calendar year if, for each time the entry power is exercised after 2 times, approval is given by a police officer who—

(a) holds the rank of superintendent or above, and

(b) has a reasonable suspicion the registrable person has committed an offence under this Act that has not been previously dealt with.

(3) The entry power must not be exercised—

(a) if the relevant reporting period of the registrable person has ended, or

(b) in part of the residential premises of the registrable person exclusively occupied by another person unless the police officer exercising the entry power has a reasonable suspicion that the part of the premises is used by the registrable person, or

(c) in relation to a registrable person who is under 18 years of age unless reasonable steps are taken to have a suitable person present to represent the interests of the registrable person while the power is exercised.

(4) In this section—

suitable person, for a registrable person, means a person, other than a police officer, who—

(a) is acceptable to the registrable person, and

(b) is—

(i) a parent or guardian of the registrable person, or

(ii) capable of representing the interests of the registrable person.

s 16D: Ins 2024 No 62, Sch 1[51].