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Police Administration Act 1978
126EPower to enter places relating to prescribed respondents
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126E Power to enter places relating to prescribed respondents
(1) For the purpose of exercising a prescribed power in respect of a
person who is a prescribed respondent, a member may enter a
place, without a warrant, if the member suspects on reasonable
grounds that the person may be at the place.
(2) Despite subsection (1), the member may not enter any part of the
place that is a dwelling without the consent of an occupier of the
dwelling.
(3) The member may remain at the place entered under this section for
the time reasonably required for the member:
(a) to confirm whether the person is present at the place; and
(b) if the person is present – to exercise the member's prescribed
powers in respect of the person.
(4) This section does not limit or prevent the exercise of any other
power to enter the place (including any dwelling at the place),
whether with or without a warrant, that the member otherwise has
under this Act or another law of the Territory.
(5) In this section:
DVO, see section 4 of the Domestic and Family Violence Act 2007.
Police Administration Act 1978 101
dwelling means a building or structure, or part of a building or
structure, that is ordinarily occupied for residential purposes, but
does not include:
(a) any yard, garden, driveway, carport or other external area that
forms part of the premises on which the building or structure is
situated; or
(b) any common property or common area that is associated with
the premises on which the building or structure is situated.
prescribed power means a power conferred on a member under
the Domestic and Family Violence Act 2007 that is prescribed by
regulation for this section.
prescribed respondent means a respondent, or class of
respondent, prescribed by regulation for this section.
respondent means a person against whom a DVO is in force under
the Domestic and Family Violence Act 2007.