Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 246

Authorised person may enter premises

    (1)     For the purposes of taking a person into care and control under Part 5.2, an authorised person who is a police officer, a protective services officer, a registered paramedic employed by an ambulance service as defined in section 3(1) of the Ambulance Services Act 1986 or a member of a prescribed class of persons may enter any premises at which the authorised person is satisfied on reasonable grounds that the person may be found.

    (2)     For the purposes of taking a person into care and control under Part 5.3, an authorised person may enter any premises at which the authorised person is satisfied on reasonable grounds that the person may be found.

    (3)     Before an authorised person enters any premises under subsection (1) or (2), the authorised person must—

        (a)     announce to any person at or in the premises that the authorised person is authorised to enter the premises; and

        (b)     state the basis of the authority to enter; and

        (c)     give any person at or in the premises an opportunity to permit the authorised person to enter the premises.

    (4)     An authorised person may use reasonable force to gain entry to the premises if the authorised person is not permitted entry under subsection (3)(c).

    (5)     On gaining entry to the premises, an authorised person, to the extent that it is reasonable in the circumstances, must comply with section 252.

Part 5.5—Power of authorised persons to search, seize and secure



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