State Emergency and Rescue Management Act 1989 No 165
Current version for 4 January 2013 to date (accessed 24 May 2013 at 08:28)
61D Use of force
(1) Reasonable force may be used for the purpose of gaining entry to
premises to comply with a direction under section 61 but only if the senior
police officer:(a) has authorised in writing the use of force in the particular case,
or
(b) has specified in writing the circumstances that are required to
exist before force may be used and the particular case falls within those
circumstances.
(2) If a police officer authorised to enter premises uses force to do
so, the police officer must, as soon as practicable, inform the senior police
officer who directed him or her to exercise the function under section
61.
(3) The senior police officer so informed must give notice of the use
of force to the Commissioner of Police.
(4) If a person’s property is damaged by the exercise of a right
of entry the person is to receive such compensation as may be determined by
the Minister for Police, but is not entitled to receive
compensation.
(5) A person may apply to the Premier for a review of a determination
as to compensation made by the Minister for Police under this
section.