82Entry by invitation

#### 82 Entry by invitation 82 Entry by invitation (cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 357F) > > (1) A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes— > > > > > (a) to investigate whether a domestic violence offence has been committed, > > > > > (b) to take action to prevent the commission or further commission of a domestic violence offence. > > > (2) However, a police officer may not enter or remain in a dwelling merely because of any such invitation if— > > > > > (a) authority to so enter or remain is expressly refused by an occupier of the dwelling, and > > > > > (b) the police officer is not otherwise authorised (whether under this or any other Act or law or subsection (3) or (3A)) to so enter or remain. > > > (3) A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so. > > > (3A) A police officer who has entered a dwelling in accordance with this section may remain in the dwelling and exercise any of the following powers until such time as a warrant is issued under section 83 in relation to the dwelling— > > > > > (a) direct a person to leave, or not to enter, the dwelling, > > > > > (b) remove from the dwelling a person who fails to comply with a direction to leave the dwelling, > > > > > (c) prevent a person from entering the dwelling, > > > > > (d) prevent a person from removing evidence from or otherwise interfering with the dwelling or anything in it and, for that purpose, detain and search the person. > > > (3B) Such a power may be exercised only if the police officer suspects on reasonable grounds that— > > > > > (a) a domestic violence offence is being, or may have been recently, committed in the dwelling, and > > > > > (b) the exercise of the power is necessary to preserve evidence of the commission of the offence. > > > (3C) A police officer may exercise a power under subsection (3A) even though an occupier of the dwelling expressly refuses authority to the police officer to remain in the dwelling. > > > (4) For the purposes of this section, a victim of a domestic violence offence is any person against whom a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed. > > **s 82:** Am 2006 No 128, Sch 1 \[11\]; 2014 No 31, Sch 3 \[31\] \[32\]; 2018 No 29, Sch 1.17 \[4\].