NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
83Warrant where entry denied or authority to remain refused
Start here
Get a plain-English read of 83
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Powers and Responsibilities) Act 2002.
#### 83 Warrant where entry denied or authority to remain refused
83 Warrant where entry denied or authority to remain refused
(cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 357G)
> > (1) A police officer may apply to an authorised officer for a warrant if the police officer—
> >
> > > (a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and
> >
> > > (b) the police officer suspects that—
> > >
> > > > (i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
> > >
> > > > (ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
>
> > (2) An authorised officer may, if satisfied that there are reasonable grounds for the police officer’s suspicion, issue a warrant authorising any police officer—
> >
> > > (a) to enter or remain in the dwelling, and
> >
> > > (b) to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.
>
> Note.
>
> For provisions relating to applications for warrants, and other related matters, see section 59.
>
> **s 83:** Am 2014 No 31, Sch 3 \[33\]–\[35\].