Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 62D

62D .         Approval of senior officer

        (1)         An application for the approval of a senior officer referred to in section 62B(1a) must be made to another officer who is a senior officer and who is not involved in the proposed entry.

        (2)         An application to a senior officer may be made, and the approval may be given, orally in person or by remote communication.

        (3)         A police officer making the application for approval to a senior officer must —

            (a)         give the address, or describe the premises, to which it relates, and, if known, the person to whom it relates; and

            (b)         state the grounds on which the police officer suspects that —

                  (i)         a person is on the premises; and

                  (ii)         a person has committed, or is committing, family violence against another person.

        (4)         On an application for the approval of a senior officer the senior officer may give approval for the entry of the premises without a warrant at any time.

        (5)         A senior officer must not give approval for the entry unless satisfied that there are reasonable grounds for the police officer to suspect that a person is committing family violence, or that family violence was committed before the officer’s arrival, on the premises.

        (6)         As soon as practicable after giving approval a senior officer must make a record of —

            (a)         the date and time when it was given; and

            (b)         the reasons for giving it.

        (7)         The approval of a senior officer referred to in section 62B(1) has effect only for a period of 24 hours after it is given by the officer.

        (8)         In this section —

        remote communication means any way of communicating at a distance including by telephone, fax, email and radio;

        senior officer means a police officer who —

            (a)         is senior in rank to the officer making the application; and

            (b)         is of or above the rank of sergeant.

        [Section 62D inserted: No. 38 of 2004 s. 43(1); amended: No. 49 of 2016 s. 66.]



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