New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 85

85 Powers that may be exercised on entry into premises

(cf Crimes Act 1900 , s 357H)

(1) A police officer who enters a dwelling pursuant to a power conferred by or under this Part is to take only the action in the dwelling that is reasonably necessary--

(a) to investigate whether a domestic violence offence has been committed, and

(b) to render aid to any person who appears to be injured, and

(c) to exercise any lawful power to arrest a person, and

(d) to prevent the commission or further commission of a domestic violence offence.

(2) A police officer who so enters a dwelling must inquire as to the presence of any firearms in the dwelling and, if informed that there is or are a firearm or firearms, must take all such action as is reasonably practicable to search for and to seize and detain the firearm or firearms.

(3) A police officer who so enters a dwelling is to remain in the dwelling only as long as is necessary to take the actions required or permitted by this Part.