Commonwealth Consolidated Acts

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Powers to enter and search premises, and stop conveyances, for making arrests under this Act or warrants

Power to enter premises

  (1)   If the arrester (see subsection   122A(1)) reasonably believes the arrestee (see that subsection) is on premises, the arrester may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the arrestee or arresting the arrestee.

  (2)   However, the arrester must not enter a dwelling house between 9 pm one day and 6 am the next day unless he or she reasonably believes that it would not be practicable to arrest the arrestee there or elsewhere at another time.

Power to stop and detain conveyance

  (3)   If the arrester may enter and search a conveyance under subsection   (1) (disregarding subsection   (2)), the arrester may, for the purposes of effecting the entry and search, stop and detain the conveyance.

Note:   The reference in subsection   (1) to premises covers a conveyance: see subsection   (5).

Rules about stopping, detaining, entering and searching conveyances

  (4)   If the arrester stops, detains, enters or searches a conveyance under this section for the purposes of arresting the arrestee, the arrester:

  (a)   may use such assistance as is necessary; and

  (b)   must search the conveyance in a public place or in some other place to which members of the public have ready access; and

  (c)   must not detain the conveyance for longer than is necessary and reasonable to search it; and

  (d)   may use such force as is necessary and reasonable in the circumstances, but must not damage the conveyance by forcing open a part of the conveyance unless:

  (i)   the person (if any) apparently in charge of the conveyance has been given a reasonable opportunity to open that part; or

  (ii)   it is not possible to give that person such an opportunity.

Definition of premises

  (5)   In this section:

"premises" includes a place and a conveyance.

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