159Power of police officer to search premises for firearms etc. without warrant

159 Power of police officer to search premises for firearms etc. without warrant S. 159(1) amended by No. 77/2013 s. 27(1), substituted by No. 53/2016 s. 61. (a) a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and (b) the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon. S. 159(1A) inserted by No. 53/2016 s. 61. (1A) This section applies in relation to a recognised DVO or an interstate DVO if— (a) one of the following applies— (i) a person is a respondent to a recognised DVO; or (ii) a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (iii) a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and (b) the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon. S. 159(2) amended by No. 77/2013 s. 27(2). (2) Subject to section 159A, 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 family violence; 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. S. 159A (Heading) amended by No. 53/2016 s. 62(1). S. 159A inserted by No. 77/2013 s. 28, amended by No. 53/2016 s. 62(2).