Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 229

Powers of entry and search by police officer

    (1)     Subject to subsection (2), a police officer may—

        (a)     enter any part of the place or premises occupied by an offender; and

        (b)     conduct a search of—

              (i)     that part of the place or premises that is occupied by the offender; and

              (ii)     any thing (including any vehicle) belonging to or in the possession of, or under the control of, the offender at the place or premises.

    (2)     A police officer exercising a power of entry or search under subsection (1) must reasonably suspect—

        (a)     that the entry and search are necessary to monitor the offender's compliance with a supervision order or an interim supervision order; or

        (b)     the offender of behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order.

    (3)     A police officer may enter any place or premises where an offender is residing if—

        (a)     the police officer reasonably suspects that the offender is present at the place or premises; and

        (b)     the entry is reasonably necessary to monitor the offender's compliance with a supervision order or an interim supervision order.

    (4)     Subject to subsection (5), a police officer exercising a power of entry under subsection (3) may—

        (a)     search that part of the place or premises that is occupied by the offender, and any thing (including any vehicle) belonging to or in the possession of, or under the control of, the offender at the place or premises;

        (b)     search and examine the offender at the premises.

    (5)     A police officer exercising a power of search under subsection (4) must reasonably suspect—

        (a)     that the search is necessary to monitor an offender's compliance with a supervision order or an interim supervision order; or

        (b)     the offender of behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of a supervision order or an interim supervision order.

    (6)     A police officer exercising a power of entry under this section may direct any of the following persons accompanying the police officer to exercise the power subject to the direction of the police officer

        (a)     a Victoria Police employee within the meaning of the Victoria Police Act 2013 ;

        (b)     any person who delivers services or advice on behalf of Victoria Police.

    (7)     A police officer may use reasonable force—

        (a)     to enter any part of the place or premises occupied by the offender under subsection (1); and

        (b)     to enter any place or premises where the offender is residing under subsection (3).



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