QLDIn ForceAct
Penalties and Sentences Act 1992
sec.161ZJInitial power to search and seize particular things
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### sec.161ZJ Initial power to search and seize particular things
The power under this section—
may only be exercised in relation to a person subject to a control order, or a registered corresponding control order, within 7 days after—
for a control order that takes effect when it is made—the order is made; or
for a registered corresponding control order—a copy of the order is given to the person under section 161ZZA ; and
may only be exercised once for the premises occupied by the person or, if the person occupies 2 or more premises, once for each of the premises.
A police officer may with the help, and using the force, that is reasonably necessary—
enter premises occupied by the person; and
search for and seize anything the person is prohibited from possessing under the control order or the registered corresponding control order.
Before first entering the premises, the police officer must do, or make a reasonable attempt to do, the following—
locate the person;
identify himself or herself to the person;
tell the person—
the purpose of the entry; and
that the police officer is permitted under this Act to enter the premises without the person’s consent; and
about the police officer’s powers under this section;
give the person an opportunity to allow the police officer to enter the premises without using force.
In this section—
enter includes re-enter.
premises includes—
a building or structure, or part of a building or structure, of any type; and
a group of buildings or structures, or part of a group of buildings or structures, of any type; and
the land or water where a building or structure, or a group of buildings or structures, is situated; and
a vehicle or caravan; and
a tent or cave; and
a boat; and
an ocean-going vessel; and
premises held under 2 or more titles or owners.
s 161ZJ ins 2016 No. 62 s 279
(sec.161ZJ-ssec.1) The power under this section— may only be exercised in relation to a person subject to a control order, or a registered corresponding control order, within 7 days after— for a control order that takes effect when it is made—the order is made; or for a registered corresponding control order—a copy of the order is given to the person under section 161ZZA ; and may only be exercised once for the premises occupied by the person or, if the person occupies 2 or more premises, once for each of the premises.
(sec.161ZJ-ssec.2) A police officer may with the help, and using the force, that is reasonably necessary— enter premises occupied by the person; and search for and seize anything the person is prohibited from possessing under the control order or the registered corresponding control order.
(sec.161ZJ-ssec.3) Before first entering the premises, the police officer must do, or make a reasonable attempt to do, the following— locate the person; identify himself or herself to the person; tell the person— the purpose of the entry; and that the police officer is permitted under this Act to enter the premises without the person’s consent; and about the police officer’s powers under this section; give the person an opportunity to allow the police officer to enter the premises without using force.
(sec.161ZJ-ssec.4) In this section— enter includes re-enter. premises includes— a building or structure, or part of a building or structure, of any type; and a group of buildings or structures, or part of a group of buildings or structures, of any type; and the land or water where a building or structure, or a group of buildings or structures, is situated; and a vehicle or caravan; and a tent or cave; and a boat; and an ocean-going vessel; and premises held under 2 or more titles or owners.
- (a) may only be exercised in relation to a person subject to a control order, or a registered corresponding control order, within 7 days after— (i) for a control order that takes effect when it is made—the order is made; or (ii) for a registered corresponding control order—a copy of the order is given to the person under section 161ZZA ; and
- (i) for a control order that takes effect when it is made—the order is made; or
- (ii) for a registered corresponding control order—a copy of the order is given to the person under section 161ZZA ; and
- (b) may only be exercised once for the premises occupied by the person or, if the person occupies 2 or more premises, once for each of the premises.
- (i) for a control order that takes effect when it is made—the order is made; or
- (ii) for a registered corresponding control order—a copy of the order is given to the person under section 161ZZA ; and
- (a) enter premises occupied by the person; and
- (b) search for and seize anything the person is prohibited from possessing under the control order or the registered corresponding control order.
- (a) locate the person;
- (b) identify himself or herself to the person;
- (c) tell the person— (i) the purpose of the entry; and (ii) that the police officer is permitted under this Act to enter the premises without the person’s consent; and (iii) about the police officer’s powers under this section;
- (i) the purpose of the entry; and
- (ii) that the police officer is permitted under this Act to enter the premises without the person’s consent; and
- (iii) about the police officer’s powers under this section;
- (d) give the person an opportunity to allow the police officer to enter the premises without using force.
- (i) the purpose of the entry; and
- (ii) that the police officer is permitted under this Act to enter the premises without the person’s consent; and
- (iii) about the police officer’s powers under this section;
- (a) a building or structure, or part of a building or structure, of any type; and
- (b) a group of buildings or structures, or part of a group of buildings or structures, of any type; and
- (c) the land or water where a building or structure, or a group of buildings or structures, is situated; and
- (d) a vehicle or caravan; and
- (e) a tent or cave; and
- (f) a boat; and
- (g) an ocean-going vessel; and
- (h) premises held under 2 or more titles or owners.