Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161ZJ

161ZJ Initial power to search and seize particular things

(1) The power under this section—

(a) may only be exercised in relation to a person subject to a control order, or a registered corresponding control order, within 7 days after—

(i) for a control order that takes effect when it is made—the order is made; or

(ii) for a registered corresponding control order—a copy of the order is given to the person under section 161ZZA ; and

(b) may only be exercised once for the premises occupied by the person or, if the person occupies 2 or more premises, once for each of the premises.

(2) A police officer may with the help, and using the force, that is reasonably necessary—

(a) enter premises occupied by the person; and

(b) search for and seize anything the person is prohibited from possessing under the control order or the registered corresponding control order.

(3) Before first entering the premises, the police officer must do, or make a reasonable attempt to do, the following—

(a) locate the person;

(b) identify himself or herself to the person;

(c) tell the person—

(i) the purpose of the entry; and

(ii) that the police officer is permitted under this Act to enter the premises without the person’s consent; and

(iii) about the police officer’s powers under this section;

(d) give the person an opportunity to allow the police officer to enter the premises without using force.

(4) In this section—

"enter" includes re-enter.

"premises" includes—

(a) a building or structure, or part of a building or structure, of any type; and

(b) a group of buildings or structures, or part of a group of buildings or structures, of any type; and

(c) the land or water where a building or structure, or a group of buildings or structures, is situated; and

(d) a vehicle or caravan; and

(e) a tent or cave; and

(f) a boat; and

(g) an ocean-going vessel; and

(h) premises held under 2 or more titles or owners.