South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 83C

83C—Special powers of entry

        (1)         Where a senior police officer suspects on reasonable grounds—

            (a)         that an occupant of premises has died and his or her body is in the premises; or

            (b)         that an occupant of premises is in need of medical or other assistance,

the officer may authorise a police officer to enter the premises for the purpose of investigating the matter and taking such action as the circumstances of the case may require.

        (2)         An authorisation under subsection (1) must be in writing unless the authorising officer has reason to believe that in the circumstances urgent action is required, in which case, the authorisation may be given orally.

        (3)         Where a person has died and the Commissioner considers it necessary or desirable to do so, the Commissioner may issue to a police officer a warrant in the prescribed form authorising the officer to enter the premises in which the person last resided before death and—

            (a)         search the premises for material that might identify or assist in identifying the deceased or relatives of the deceased;

            (b)         take property of the deceased into safe custody.

        (4)         A police officer may, if necessary, exercise reasonable force for the purpose of obtaining entry to premises, or carrying out a search, under this section.

        (5)         The Commissioner is responsible for ensuring that a proper record is kept of property taken from premises under this section and must, if satisfied that a person has a proper interest in the matter, allow that person to inspect the record.

        (6)         The Commissioner must, as soon as practicable (but not later than three months) after each 30 June, submit a report to the Minister in relation to the year ended on that 30 June stating—

            (a)         the number of authorisations and warrants granted under this section during that year;

            (b)         the nature of the grounds on which the authorisations and warrants were granted;

            (c)         the type of property taken from premises pursuant to warrant under this section;

            (d)         any other matters the Commissioner considers relevant.

        (7)         The Minister must cause copies of a report under subsection (6) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament.