AustLII Tasmanian Consolidated Acts

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FAMILY VIOLENCE ACT 2004 - SECT 10

Power of police to enter certain premises

(1)  A police officer may, without warrant, and using such force as is necessary, enter and remain on premises for such period as he or she considers reasonably necessary to prevent family violence –
(a) at the request of a person who apparently resides on the premises; or
(b) if the officer reasonably suspects that family violence is being, has been or is likely to be committed on those premises.
(2)  A police officer who enters premises under subsection (1) may –
(a) arrest, without warrant, any person on those premises to facilitate the issue of a PFVO, or the making of an application for an FVO, in respect of that person; and
(ab) orally direct any person on the premises to remain on the premises in the company of the police officer, or another police officer stated in the direction, for as long as is reasonably necessary to conduct a search under subsection (3) in respect of that person; and
(b) remain on those premises in order to conduct a risk screening, safety audit or forensic examination with such assistance as is necessary and reasonable in the circumstances.
(2A)  If a person is directed to remain on premises under subsection (2)(ab) , a police officer may use such force as is reasonably necessary to detain the person and conduct a search under subsection (3) .
(3)  A police officer who enters premises under subsection (1) may, without warrant –
(a) search any person on those premises whom the officer reasonably suspects of having in his or her possession any object which the police officer reasonably suspects has been used, or may be used, to commit a family violence offence or has been created in the commission of a family violence offence; and
(b) search those premises for the presence of any such object; and
(c) seize and retain any such object.
(4)  If a police officer reasonably suspects that a person has committed family violence and in so acting has used or created an object, the officer may, without warrant and using such force as is necessary –
(a) enter any premises on which the officer reasonably suspects that the object may be found; and
(b) search those premises for the object; and
(c) search any person who the officer reasonably suspects has possession of the object; and
(d) seize and retain the object; and
(e) arrest, without warrant, any person on those premises to facilitate the issue of a PFVO, or the making of an application for an FVO, in respect of that person.
(5)  Where a police officer reasonably suspects that –
(a) a person has committed, or is likely to commit, family violence; and
(b) the person is in possession or control of a firearm –
the police officer may enter premises, without warrant and using such force as is reasonably necessary in the circumstances, in order to search for and seize the firearm.
(6)  On an application made by a police officer or by any person who claims to be the owner of an object seized and detained under subsection (2A) , (3) , (4) or (5) , a court may order that the object –
(a) be forfeited to the Crown; or
(b) be destroyed; or
(c) be returned to the owner; or
(d) be otherwise disposed of in such manner as the court thinks fit.
(7)  If a police officer reasonably suspects that a person has committed family violence, the officer, without warrant and using such force as is reasonably necessary in the circumstances, may –
(a) enter any premises on which the officer reasonably suspects the person may be found; and
(b) search those premises for the person; and
(c) arrest the person.
(7A)  For the purpose of exercising his or her powers under this section, a police officer may authorise any other person, including another police officer, to assist the police officer as is necessary in the circumstances.
(7B)  A person authorised under subsection (7A) to assist a police officer may use such force as is reasonably necessary in the circumstances to so assist.
(7C)  A person must comply with a direction given to the person by a police officer under subsection (2)(ab) .
Penalty:  Fine not exceeding 80 penalty units.
(8)  In this section –
object means any matter, material or thing and includes firearms.



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