Victorian Current Acts

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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 66V

Powers of entry under monitoring condition

    (1)     If a prohibition order includes a monitoring condition, a police officer, at any time, may enter premises at which the registrable offender usually resides if the police officer reasonably suspects that the registrable offender is present at those premises.

    (2)     If necessary, a police officer may use reasonable force to enter premises under subsection (1).

    (3)     A police officer exercising a power of entry under this section—

        (a)     must announce that the police officer is authorised to enter the premises by a monitoring condition included in a prohibition order; and

        (b)     if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

    (4)     As soon as possible after gaining entry to the premises, the police officer must inform the registrable offender that the police officer may—

        (a)     search and examine the premises, and any thing (including a vehicle) belonging to, or in the possession or under the control of, the registrable offender; and

        (b)     seize any thing at the premises belonging to, or in the possession or under the control of, the registrable offender; and

        (c)     search and examine the registrable offender; and

        (d)     detain the registrable offender for so long as is reasonably necessary to conduct a search of the registrable offender or examine any thing under section 66W;

        (e)     if necessary, use such force as is reasonably necessary to conduct a search or seize any thing.

    (5)     The registrable offender may request that the police officer state, orally or in writing, the officer's name, rank and place of duty.

    (6)     A police officer must not, in response to a request under subsection (5)—

        (a)     refuse or fail to comply with the request; or

        (b)     state a name or rank that is false in a material particular; or

        (c)     state as the police officer's place of duty an address other than the name of the police station which is the police officer's ordinary place of duty.

S. 66W inserted by No. 21/2016 s. 8.



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