Document ID: chunk:federal_register_of_legislation:C2018C00493:section:65
Version: federal_register_of_legislation:C2018C00493
Segment Type: section
Provision Reference: s 65
Character Range: 117363–118517

65  Power to enter premises to arrest person
 (1) Subject to subsection (2), if:
 (a) a police officer has, under this Act or pursuant to a warrant issued under this Act, power to arrest a person; and
 (b) the 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, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.
 (2) A police officer must not enter a dwelling house under subsection (1) 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 police officer 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 evidential material.
 (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.