Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 189

Issue of warrant

    (1)     If a magistrate is satisfied, by information on oath, that—

        (a)     there are reasonable grounds to suspect that a person on premises has suffered, or is in imminent danger of, physical injury at the hands of another person and needs assistance to prevent, or deal with, the injury; and

        (b)     a police officer has been refused permission to enter the premises for the purpose of giving assistance to the firstmentioned person;

the magistrate may issue a warrant in writing authorising a police officer, with the assistance that is necessary and reasonable and by the force that is necessary and reasonable—

        (c)     to enter the premises specified in the warrant at any time within 24 hours after the issue of the warrant; and

        (d)     subject to any conditions specified in the warrant, to take the action that is necessary to prevent the commission or repetition of an offence or of a breach of the peace or to protect life or property.

    (2)     The police officer applying for a warrant shall give the further information about the grounds on which the warrant is sought, either orally on oath or by affidavit, that the magistrate requires.



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