10Power of police to enter certain premises

10 Power of police to enter certain premises

(1)  A police officer may, without warrant, and using such force as is necessary, enter and remain on premises for such period as he or she considers reasonably necessary to prevent family violence –

(a) at the request of a person who apparently resides on the premises; or

(b) if the officer reasonably suspects that family violence is being, has been or is likely to be committed on those premises.

(2)  A police officer who enters premises under subsection (1) may –

(a) arrest, without warrant, any person on those premises to facilitate the issue of a PFVO, or the making of an application for an FVO, in respect of that person; and

(ab) [Section 10 Subsection (2) amended by No. 32 of 2015, s. 6, Applied:06 Oct 2015] orally direct any person on the premises to remain on the premises in the company of the police officer, or another police officer stated in the direction, for as long as is reasonably necessary to conduct a search under subsection (3) in respect of that person; and

(b) remain on those premises in order to conduct a risk screening, safety audit or forensic examination with such assistance as is necessary and reasonable in the circumstances.

(2A)  [Section 10 Subsection (2A) inserted by No. 32 of 2015, s. 6, Applied:06 Oct 2015] If a person is directed to remain on premises under subsection (2)(ab) , a police officer may use such force as is reasonably necessary to detain the person and conduct a search under subsection (3) .

(3)  A police officer who enters premises under subsection (1) may, without warrant –

(a) search any person on those premises whom the officer reasonably suspects of having in his or her possession any object which the police officer reasonably suspects has been used, or may be used, to commit a family violence offence or has been created in the commission of a family violence offence; and