Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34u
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34U
Character Range: 39369–40598

34U  Entering premises to take person into custody

 (1) If:
 (a) either a warrant issued under section 34G, or subsection 34K(7), authorises a person to be taken into custody; and
 (b) a police officer believes on reasonable grounds that the person is on any premises;
the 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 taking the person into custody.

 (2) However, if subsection 34K(7) authorises a person to be taken into custody, a police officer must not enter a dwelling house under subsection (1) of this section at any time during the period:
 (a) commencing at 9 pm on a day; and
 (b) ending at 6 am on the following day;
unless the officer believes on reasonable grounds that it would not be practicable to take the person into custody under subsection 34K(7), either at the dwelling house or elsewhere, at another time.

 (3) In this section:

dwelling house includes an aircraft, vehicle or vessel, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.

premises includes any land, place, vehicle, vessel or aircraft.