Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2026 (70 of 2026)

Schedule 4   Extradition

Part 2   Extradition warrant powers of entry

Extradition Act 1988

3   After section 12

Insert:

12A Power to enter premises - extradition arrest warrants

When this section applies

(1) This section applies if a police officer:

(a) has the power to arrest a person under an extradition arrest warrant; and

(b) believes on reasonable grounds that the person is on any premises.

Power to enter premises

(2) Subject to subsection (3), the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night, for the purpose of searching the premises for the person or arresting the person.

Note 1: See section 47A for limitations on the use of force.

Note 2: See section 47B for the requirement to inform the person of the grounds for the arrest.

(3) The police officer must not enter a dwelling house at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer believes on reasonable grounds that:

(a) it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or

(b) it is necessary to do so in order to prevent the concealment, loss or destruction of property referred to in subsection 13(1) or 13(2).

Power to stop and detain conveyance

(4) If a police officer may enter and search a conveyance under subsection (2) (disregarding subsection (3)), the police officer may, for the purposes of effecting the entry and search, stop and detain the conveyance.

Note: The reference to premises in subsection (2) includes a conveyance: see subsection (7).

Announcement before entry

(5) Before entering premises under subsection (2), the police officer must:

(a) announce that the police officer is authorised to enter the premises; and

(b) give any person at the premises an opportunity to allow entry to the premises.

(6) The police officer is not required to comply with subsection (5) if the police officer believes on reasonable grounds that immediate entry to the premises is required to ensure:

(a) the safety of a person (including a police officer); or

(b) that the effective execution of the extradition arrest warrant is not frustrated.

Interpretation

(7) In this section:

conveyance includes an aircraft, vehicle or vessel.

dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.

premises includes:

(a) a place; and

(b) a conveyance; and

(c) a part of premises (including premises referred to in paragraph (a) or (b)).