Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:8_3zzld
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 8 cl 3ZZLD
Character Range: 43943–45364

3ZZLD  Availability of assistance and use of force in executing a warrant

Scope
 (1) This section applies if:
 (a) a constable conducts a search of a person, or of a recently used conveyance, under section 3ZZLA; and
 (b) the search 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 3ZZLC in relation to the person or conveyance;
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) exercise the monitoring powers in relation to the person mentioned in paragraph (1)(a); and
 (b) in 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, the person must not exercise a power set out in section 3ZZLC.
 (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 4—Obligations and incidental powers of constables