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CRIMES ACT 1914 SECT 3ZB
3ZB Power to enter premises to arrest offender
- (1)
- Subject to subsection (3), if:
- (a)
- a constable has, under a warrant, power to arrest a
person for an offence; and
- (b)
- the constable believes on reasonable grounds that
the person is on any premises;
the constable 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.
- (2)
- Subject to subsection (3), if:
- (a)
- a constable may, under section 3W,
arrest a person without warrant for an offence; and
- (b)
- the offence is an indictable offence; and
- (c)
- the constable believes on reasonable grounds that
the person is on any premises;
the constable 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.
- (3)
- A constable must not enter a dwelling house under
subsection (1) or
- (2)
- at any time during the period commencing at 9 p.m. on a
day and ending at 6 a.m. on the following day unless the
constable 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 evidence relating
to the offence.
- (4)
- In subsection (3):
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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