(1) If a police
officer reasonably suspects that a person is committing family violence, or
that family violence was committed before the officer’s arrival, on any
premises, the officer may without a warrant enter those premises and may
remain in those premises for as long as the officer considers necessary
—
(a) to
investigate whether or not family violence has been committed; and
(b) to
ensure that, in the officer’s opinion, there is no imminent danger of a
person committing family violence on the premises; and
(c) to
give or arrange for such assistance as is reasonable in the circumstances.
(1a) A police officer
must not enter premises under subsection (1) unless the officer has a senior
officer’s approval given under section 62D or —
(a) the
officer believes on reasonable grounds that he or she should exercise the
powers under subsection (1) urgently; and
(b) the
officer cannot use remote communication to apply for a senior officer’s
approval under section 62D.
(1b) A police officer
who enters premises without a senior officer’s approval given under
section 62D must report why the entry was made and what happened at the
premises to a senior officer as soon as practicable after the entry.
(2) If, after entering
premises (under subsection (1) or otherwise) a police officer reasonably
suspects that family violence is being committed, or was committed before the
officer’s arrival, on the premises the officer without further authority
may —
(a)
search the premises to establish whether any person on the premises —
(i)
is in need of assistance; or
(ii)
is in possession of a weapon;
and
(b)
search —
(i)
the premises for a weapon; and
(ii)
any person on the premises whom the officer reasonably
suspects is in possession of a weapon;
and
(c)
seize any weapon found on the premises, or on a person, that the officer
reasonably suspects —
(i)
was used to commit family violence; or
(ii)
may be used to commit family violence.
(3) A police officer
may use such force, and such assistance, as is necessary and reasonable in the
circumstances in order to perform a function under this section.
(4) A weapon seized
under this section is to be delivered to the Commissioner of Police, and dealt
with, in the manner prescribed in the regulations.
(5) A police officer
who seizes a weapon is, where practicable, to inform the person from whose
possession it is seized of the place to which the weapon is to be taken.
(6) This section does
not limit any other power a police officer may have under this Act, any other
written law or at common law.
[Section 62B inserted: No. 38 of 2004 s. 43(1);
amended: No. 5 of 2008 s. 101; No. 49 of 2016 s. 64.]