VICIn ForceAct
Family Violence Protection Act 2008
161Announcement before entry
Start here
Get a plain-English read of 161
Turn the raw legal text into a practical explanation grounded in Family Violence Protection Act 2008.
161 Announcement before entry
S. 161(1) substituted by No. 18/2010 s. 31(1).
(1) Before executing a search warrant, the police officer named in the warrant or person assisting must—
(a) announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and
(b) give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle.
S. 161(2) amended by No. 18/2010 s. 31(2).
(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 or vehicle is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
S. 161(3) amended by No. 18/2010 s. 31(3).
(3) To enter premises or a vehicle under the search warrant, a police officer may, if it is necessary to do so, use reasonable force.
S. 161(4) inserted by No. 18/2010 s. 31(4).
(4) To avoid doubt, the authority given by subsection (3) is in addition to any authority given by section 78(1)(b) of the **Magistrates' Court Act** **1989**.
S. 162 amended by No. 18/2010 s. 32 (ILA s. 39B(1)).