Western Australian Current Acts Western Australian Current Acts (1) An application for
the approval of a senior officer referred to in section 62B(1a) must be made
to another officer who is a senior officer and who is not involved in the
proposed entry.
(2) An application to
a senior officer may be made, and the approval may be given, orally in person
or by remote communication.
(3) A police officer
making the application for approval to a senior officer must —
(a) give
the address, or describe the premises, to which it relates, and, if known, the
person to whom it relates; and
(b)
state the grounds on which the police officer suspects that —
(i)
a person is on the premises; and
(ii)
a person has committed, or is committing, family violence
against another person.
(4) On an application
for the approval of a senior officer the senior officer may give approval for
the entry of the premises without a warrant at any time.
(5) A senior officer
must not give approval for the entry unless satisfied that there are
reasonable grounds for the police officer to suspect that a person is
committing family violence, or that family violence was committed before the
officer’s arrival, on the premises.
(6) As soon as
practicable after giving approval a senior officer must make a record of
—
(a) the
date and time when it was given; and
(b) the
reasons for giving it.
(7) The approval of a
senior officer referred to in section 62B(1) has effect only for a period of
24 hours after it is given by the officer.
(8) In this section
—
remote communication means any way of
communicating at a distance including by telephone, fax, email and radio;
senior officer means a police officer who —
(a) is
senior in rank to the officer making the application; and
(b) is
of or above the rank of sergeant.
[Section 62D inserted: No. 38 of 2004 s. 43(1);
amended: No. 49 of 2016 s. 66.]