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. (3) The police officer or protective services officer— (a) must do as little damage as reasonably possible; and (b) must ensure that a person assisting the police officer or protective services officer does not do any more damage than is reasonably necessary. (4) If only part of a building or vehicle is within the area that is the target of the authorisation, the powers set out in subsection (2) may be exercised in respect of any part of that building or vehicle. S. 21SB inserted by No. 32/2018 s. 57. 21SB Powers in respect of things within area that is the target of an authorisation (a) a thing is within an area that is the target of an authorisation; or (b) a thing is in a building or vehicle any part of which is 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) direct an owner of the thing, a person apparently in control of the thing or, if the thing is located at a premises, any other person at the premises— (i) to place the thing in the control of a police officer or protective services officer; or (ii) to make use of the thing as specified by a police officer or protective services officer; (b) without a warrant take possession of the thing; (c) make use of the thing. (3) The police officer or protective services officer— (a) must do as little damage as 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. 21SC inserted by No. 32/2018 s. 57. 21SC Compensation for loss or damage (1) A person may apply to the Minister for compensation for the following kinds of loss or damage resulting from the exercise of a power under section 21SA(2) or 21SB(2)— (a) economic loss suffered by the person; (b) damage to the person's property (whether real or personal). (2) The Minister must pay compensation to the person if the Minister is satisfied that— (a) the person has suffered loss or damage of a kind referred to in subsection (1); and (b) that loss or damage is a result of the exercise of a power under section 21SA(2) or 21SB(2). (3) A person who applies for compensation under subsection (1) may apply to VCAT for review of a decision made on that application by the Minister under subsection (2). S. 21T inserted by No. 5/2006 s. 5.