Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision C - Carrying out preventative detention orders  

SECTION 105.22   Power to enter premises  

(1)  
Subject to subsection (2), if:


(a) a preventative detention order is in force in relation to a person; and


(b) a police officer believes on reasonable grounds that the person is on any premises;

the police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody.

(2)  
A police officer must not enter a dwelling house under subsection (1) 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 take the person into custody, 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 evidence of, or relating to, a terrorist act.

(3)  
In subsection (2):

dwelling house
includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.




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