Document ID: chunk:federal_register_of_legislation:F2024C01081:reg:37
Version: federal_register_of_legislation:F2024C01081
Segment Type: reg
Provision Reference: reg 37
Character Range: 46511–48210

37  Police power to enter premises
 (1) A police officer may enter any premises for the purpose of complying with a direction made under subsection 36(1).
 (2) The police officer must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
 (3) However, the police officer may enter the premises without notice if:
 (a) entry to the premises is made with the consent of the owner or occupier of the premises; or
 (b) the premises are open to the public or the entry is to a part of the premises open to the public; or
 (c) entry is required urgently and the senior police officer or authorised police officer making the direction has authorised, in writing, the entry without notice (either generally or in the particular case).
 (4) Before entering Defence land, the person making the entry must be satisfied that the Senior Australian Defence Force Officer at HMAS Creswell, or a person authorised by the Senior Australian Defence Force Officer, has been consulted.
 (5) However, a person is not required to comply with subsection (4) if:
 (a) the entry is made by the person in circumstances in which the person considers there is an imminent threat to life; or
 (b) the requirement to be consulted has been waived by:
 (i) the Secretary of the Defence Department; or
 (ii) the Chief of the Defence Force; or
 (iii) the Senior Australian Defence Force Officer at HMAS Creswell; or
 (iv) a person authorised by the Senior Australian Defence Force Officer to waive the requirement in subsection (4).
 (6) In entering the premises, and complying with the direction made under section 36, the police officer must do as little damage as possible.