Victorian Current Acts

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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 118

Announcement before entry

    (1)     Before executing a search warrant, the police officer named in the warrant or person assisting must—

        (a)     announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and

        (b)     give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle.

    (2)     The police officer or a person assisting the police officer need not comply with subsection (1) if the police officer or assistant believes, on reasonable grounds, that immediate entry to the premises or vehicle is required to ensure—

        (a)     the safety of any person; or

        (b)     that the effective execution of the search warrant is not frustrated.

    (3)     To enter premises or a vehicle under the search warrant, a police officer may, if it is necessary to do so, use reasonable force.

    (4)     To avoid doubt, the authority given by subsection (3) is in addition to any authority given by section 78(1)(b) of the Magistrates' Court Act 1989 .



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