106LPower of police to enter certain premises

106L Power of police to enter certain premises

[Section 106L Inserted by No. 8 of 1988, s. 5 ]

(1)  A police officer may –

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

(b) if he has reason to believe that a person on those premises is or may be under threat or attack or has recently been under threat or attack or that an attack on such a person is imminent –

enter those premises and remain on the premises for such period as he considers necessary to prevent a breach of the peace.

(1A)  *[Section 106L Subsection (1A) inserted by No. 21 of 1992, s. 10 ]*A police officer who has entered premises pursuant to subsection (1) may apprehend, without warrant, a person on those premises to facilitate the making of an application for a restraint order in respect of that person.

(2)  A police officer who enters premises pursuant to subsection (1) may, without warrant –

(a) search any person on those premises whom he suspects on reasonable grounds to have in his possession any object;

(b) search those premises for the presence of any object; and

(c) seize and detain any object –

which the police officer suspects on reasonable grounds has been used or may be used to threaten or injure any person on those premises.

(3)  For the purpose of subsection (2) , if a person on premises entered by a police officer pursuant to subsection (1) alleges to a police officer that an object has been used to threaten or injure that person, that allegation shall be sufficient justification for a police officer to search any person, to search the premises, and to seize and detain that object.

(3A)  *[Section 106L Subsection (3A) inserted by No. 21 of 1992, s. 10 ]**[Section 106L Subsection (3A) substituted by No. 64 of 1994, s. 12 ]*If a police officer has reason to believe that a person has acted in a manner that would constitute grounds for the making of a restraint order and in so acting has used an object to threaten or injure another person, the officer may, without warrant and using such force as is necessary –