21SPower to enter and search premises

21S Power to enter and search premises

S. 21S(1) amended by Nos 37/2014 s. 10(Sch. item 167.48(a)(i)), 32/2018 s. 56(1).

(1) A police officer or protective services officer may, without a warrant, enter and search any premises if—

S. 21S(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.48(a)(ii)), 32/2018 s. 56(1).

(a) the police officer or protective services officer suspects on reasonable grounds that a person who is the target of an authorisation may be on the premises; or

S. 21S(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.48(a)(ii)), 32/2018 s. 56(1).

(b) the police officer or protective services officer suspects on reasonable grounds that a vehicle that is the target of an authorisation may be on the premises; or

(c) the premises are in an area that is the target of an authorisation.

S. 21S(2) amended by No. 37/2014 s. 10(Sch. item 167.48(b)), substituted by No. 32/2018 s. 56(2).

(2) The police officer or protective services officer—

(a) must do as little damage as is reasonably possible; and

(b) must ensure that a person assisting the police officer or protective services officer does as little damage as is reasonably possible.

S. 21S(3) amended by Nos 37/2014 s. 10(Sch. item 167.48(b)), 32/2018 s. 56(1).

(3) A police officer or protective services officer may direct a person or group of people to leave, or not to leave, any premises entered and searched under this Division.

S. 21SA inserted by No. 32/2018 s. 57.

21SA Powers in respect of premises within area that is the target of an authorisation

(1) This section applies if premises are within an area that is the target of an authorisation.

(2) A police officer or protective services officer may do any of the following if the police officer or protective services officer considers on reasonable grounds that it is necessary for the purposes of the authorisation—

(a) enter the premises;

(b) direct a person to leave, or not to leave, the premises or a part of the premises;

(c) exclude a person from the premises or a part of the premises;

(d) remove or cause to be removed from the premises, or a part of the premises, a person who—

(i) does not comply with a direction to leave under paragraph (b); or

(ii) has been excluded from the premises, or a part of the premises, under paragraph (c);

(e) disconnect or shut off electricity, gas, water or other services at the premises;

(f) direct a person at the premises to disconnect or shut off electricity, gas, water or other services at the premises.