Crimes Act 1914

Part IAAB - Monitoring of compliance with Part 5.3 supervisory orders etc.  

Division 2 - Powers of constables in relation to premises  

Subdivision C - Other powers  

SECTION 3ZZKG   Availability of assistance and use of force in executing a warrant  

Scope

(1)    
This section applies if:

(a) a constable enters premises under section 3ZZKA ; and

(b) the entry is authorised by a monitoring warrant.

Availability of assistance and use of force

(2)    
In:

(a) executing the warrant; or

(b) exercising the powers set out in section 3ZZKF in relation to the premises;

the constable may use such force against persons and things as is necessary and reasonable in the circumstances.

(3)    
In executing the warrant, the constable may obtain such assistance as is necessary and reasonable in the circumstances.

(4)    
If a person (other than a constable) has been authorised by the constable to assist in executing the warrant, the person may:

(a) enter the premises; and

(b) exercise the monitoring powers in relation to the premises; and

(c) in:

(i) entering the premises; or

(ii) exercising the monitoring powers;

use such force against things as is necessary and reasonable in the circumstances.

(5)    
If a person (other than a constable) has been authorised by the constable to assist in executing the warrant:

(a) the person may only exercise the monitoring powers set out in subsection 3ZZKD(2) if the constable forms the suspicion mentioned in that subsection; and

(b) the person must not exercise a power set out in subsection 3ZZKD(5) or section 3ZZKE or 3ZZKF .

(6)    
A power exercised by a person assisting the constable as mentioned in subsection (4) is taken to have been exercised by the constable.