Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Subject to subsection (3), if—
(a) an officer has, under a warrant, power to arrest the person for an offence; and
(b) the officer believes on reasonable grounds that the person is on any premises;
the police officer may enter the premises, using the force that 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) Subject to subsection (3), if—
(a) an officer has the power under section 212 to arrest the person without warrant for an offence; and
(b) the offence is a relevant offence; and
(c) the police officer believes on reasonable grounds that the person is on any premises;
the police officer may enter the premises, using the force that 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.
(3) A police officer shall not enter a dwelling house under subsection (1) or (2) at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the executing 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 to prevent the concealment, loss or destruction of evidence relating to the offence.
(4) In this section:
"dwelling house" includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.
"relevant offence" means—
(a) a serious offence; or
(b) an offence against any of the following:
(i) section 380 (Possession of offensive weapons and disabling substances);
(ii) section 381 (Possession of offensive weapons and disabling substances with intent);
(iii) the Criminal Code
, section 321 (Minor theft).