Western Australian Current Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 49

49 .         Guardian may obtain warrant to enter

        (1)         If the occupier or person in charge of premises refuses to allow a guardian to enter those premises —

            (a)         where the represented person is in the premises, for the purpose of performing any function in relation to the represented person; or

            (b)         for the purpose of ascertaining whether the represented person is in those premises,

                the guardian may apply to the State Administrative Tribunal for a warrant to enter those premises.

        (2)         If upon an application under subsection (1) the State Administrative Tribunal is satisfied that it is necessary for the guardian to enter those premises as mentioned in paragraph (a) or (b) of that subsection, it may issue a warrant authorising the guardian to enter the premises by force if necessary during a particular period or at any time, as the warrant may specify.

        (3)         A guardian executing a warrant under subsection (2) may be assisted by such persons as he thinks necessary, including a police officer or police officers.

        (4)         A person shall not, without reasonable cause, obstruct or hinder a person acting under the authority of a warrant issued under subsection (2).

        Penalty: $1 000.

        [Section 49 amended: No. 50 of 2003 s. 70(2); No. 55 of 2004 s. 466(1).]



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