Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:8_3zzkg
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 8 cl 3ZZKG
Character Range: 40035–41652

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.

Division 3—Powers of constables in relation to persons subject to control orders