❓ A WA parliamentary question seeks clarification on the powers of entry onto private property without a warrant under various Acts. The answer provides relevant legislation and notes distinctions between residential and other premises.
AnsweredQoN 2046Legislative Assembly
Asked
17 September 2003
Member
Portfolio
Local Government and Regional Development; the Kimberley, Pilbara and Gascoyne; Goldfields-Esperance
QuestionView source ↗
(b) without a warrant?
AnswerView source ↗
Answered
4 December 2003
Responded by
Minister representing the Minister for Local Government and Regional Development; the Kimberley, Pilbara and Gascoyne; Goldfields-Esperance
Response time
78 days
(b) other private property?
(1) The statutes and principal powers are as follows: · the Local Government Act 1995 : sections 3.28 – 3.36 and sections 8.6 – 8.8; · the Animal Welfare Act 2002 : sections 38, 39, 59 and 60; · the Dog Act 1976 : sections 12A, 29, 33F and 33G; · the Caravan Parks and Camping Grounds Act 1995 : sections 18, 20 and 21; and · the Control of Vehicles (Off-road Areas) Act 1978 : section 38. (a)-(b) All provide various provisions for entry on to property for enforcement purposes in circumstances with or without a warrant. (2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
· the Local Government Act 1995 : sections 3.28 – 3.36 and sections 8.6 – 8.8; · the Animal Welfare Act 2002 : sections 38, 39, 59 and 60; · the Dog Act 1976 : sections 12A, 29, 33F and 33G; · the Caravan Parks and Camping Grounds Act 1995 : sections 18, 20 and 21; and · the Control of Vehicles (Off-road Areas) Act 1978 : section 38. (a)-(b) All provide various provisions for entry on to property for enforcement purposes in circumstances with or without a warrant. (2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(a)-(b) All provide various provisions for entry on to property for enforcement purposes in circumstances with or without a warrant. (2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(1) The statutes and principal powers are as follows: · the Local Government Act 1995 : sections 3.28 – 3.36 and sections 8.6 – 8.8; · the Animal Welfare Act 2002 : sections 38, 39, 59 and 60; · the Dog Act 1976 : sections 12A, 29, 33F and 33G; · the Caravan Parks and Camping Grounds Act 1995 : sections 18, 20 and 21; and · the Control of Vehicles (Off-road Areas) Act 1978 : section 38. (a)-(b) All provide various provisions for entry on to property for enforcement purposes in circumstances with or without a warrant. (2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
· the Local Government Act 1995 : sections 3.28 – 3.36 and sections 8.6 – 8.8; · the Animal Welfare Act 2002 : sections 38, 39, 59 and 60; · the Dog Act 1976 : sections 12A, 29, 33F and 33G; · the Caravan Parks and Camping Grounds Act 1995 : sections 18, 20 and 21; and · the Control of Vehicles (Off-road Areas) Act 1978 : section 38. (a)-(b) All provide various provisions for entry on to property for enforcement purposes in circumstances with or without a warrant. (2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(a)-(b) All provide various provisions for entry on to property for enforcement purposes in circumstances with or without a warrant. (2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(2) The details are set out in the above sections. (3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
(3) (a)-(b) Apart from the Control of Vehicles (Off-road Areas) Act 1978 , the above legislation has a distinction between entry into residential premises and other premises. The legislation generally provides the principle that a warrant is required, or an emergency situation applies, before entry into a residential structure is permitted.
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