Victorian Current Acts

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SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 37

Power of entry

    (1)     This section applies if a person is authorised to enter a premises—

        (a)     under a warrant issued under section 13; or

        (b)     under a detention and treatment order to take a person to a treatment centre; or

        (c)     under section 34 to apprehend someone who is absent without leave from a treatment centre.

    (2)     Before entering the premises, the person must—

        (a)     announce that he or she is authorised to enter the premises; and

        (b)     state the basis of that authority; and

        (c)     give anyone at the premises an opportunity to permit entry to the premises.

S. 37(3) amended by No. 37/2014 s. 10(Sch. item 153.2).

    (3)     If permission to enter the premises is not given, a police officer may use reasonable force to gain entry.

    (4)     On gaining entry, the person referred to in subsection (1) must—

        (a)     identify himself or herself to the person who is the subject of the warrant or the detention and treatment order or who is absent without leave from the treatment centre, as the case may be; and

        (b)     give that person a copy of the warrant or the detention and treatment order.



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