83Warrant where entry denied or authority to remain refused

83 Warrant where entry denied or authority to remain refused

83 Warrant where entry denied or authority to remain refused

(cf Crimes Act 1900, 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].