QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.609Entry of place to prevent offence, injury or domestic violence
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### sec.609 Entry of place to prevent offence, injury or domestic violence
This section applies if a police officer reasonably suspects—
there is an imminent risk of either of the following happening at a place—
injury to a person;
an offence involving damaging property; or
domestic violence is occurring, or has occurred before the officer’s arrival, at a place.
It is lawful for the police officer to enter the place and stay on it for the time reasonably necessary—
to establish whether the reason for the entry exists; and
to ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and
to give or arrange for reasonable help to any person at the place.
The police officer may detain anyone at the place for the time reasonably necessary to establish whether the reason for the entry exists.
If the police officer is reasonably satisfied a reason for the entry exists, the police officer may do any of the following—
detain a person for a search or to prevent acts of violence or damage to property;
search anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence;
search the place—
for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and
for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;
seize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated domestic violence.
The police officer may be satisfied the thing may be used for domestic violence or associated domestic violence because of apparently reliable information.
Before searching a place under this section, the police officer must inform the occupier of the place, if present, that the occupier may accompany the police officer while the place is being searched.
For this section, a place that is a building, includes a vehicle at the place.
s 609 (prev s 300) renum 2000 No. 22 s 19
amd 2012 No. 5 ss 223 , 225
(sec.609-ssec.1) This section applies if a police officer reasonably suspects— there is an imminent risk of either of the following happening at a place— injury to a person; an offence involving damaging property; or domestic violence is occurring, or has occurred before the officer’s arrival, at a place.
(sec.609-ssec.2) It is lawful for the police officer to enter the place and stay on it for the time reasonably necessary— to establish whether the reason for the entry exists; and to ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and to give or arrange for reasonable help to any person at the place.
(sec.609-ssec.3) The police officer may detain anyone at the place for the time reasonably necessary to establish whether the reason for the entry exists.
(sec.609-ssec.4) If the police officer is reasonably satisfied a reason for the entry exists, the police officer may do any of the following— detain a person for a search or to prevent acts of violence or damage to property; search anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence; search the place— for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence; seize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated domestic violence. The police officer may be satisfied the thing may be used for domestic violence or associated domestic violence because of apparently reliable information.
(sec.609-ssec.5) Before searching a place under this section, the police officer must inform the occupier of the place, if present, that the occupier may accompany the police officer while the place is being searched.
(sec.609-ssec.6) For this section, a place that is a building, includes a vehicle at the place.
- (a) there is an imminent risk of either of the following happening at a place— (i) injury to a person; (ii) an offence involving damaging property; or
- (i) injury to a person;
- (ii) an offence involving damaging property; or
- (b) domestic violence is occurring, or has occurred before the officer’s arrival, at a place.
- (i) injury to a person;
- (ii) an offence involving damaging property; or
- (a) to establish whether the reason for the entry exists; and
- (b) to ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and
- (c) to give or arrange for reasonable help to any person at the place.
- (a) detain a person for a search or to prevent acts of violence or damage to property;
- (b) search anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence;
- (c) search the place— (i) for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and (ii) for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;
- (i) for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and
- (ii) for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;
- (d) seize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated domestic violence.
- (i) for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and
- (ii) for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;