Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 62B

62B .         Entry and search of premises if family violence suspected

        (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.]