New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 83

83 Warrant where entry denied or authority to remain refused

(cf Crimes Act 1900 , s 357G)

(1) A police officer may apply to an authorised officer for a warrant if the police officer--

(a) has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and

(b) the police officer suspects that--

(i) a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and

(ii) it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.

(2) An authorised officer may, if satisfied that there are reasonable grounds for the police officer's suspicion, issue a warrant authorising any police officer--

(a) to enter or remain in the dwelling, and

(b) to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.

Note : For provisions relating to applications for warrants, and other related matters, see section 59.