Victorian Numbered Acts Victorian Numbered ActsAfter section 10B of the Control of Weapons Act 1990 insert —
In this section and in sections 10D to 10L—
"designated area" means an area in respect of which a declaration under section 10D or 10E is in effect;
"thing" includes any object, article or material;
"weapon" means—
(a) a prohibited weapon; or
(b) a controlled weapon; or
(c) a dangerous article.
(1) The Chief Commissioner may declare an area to be a designated area if the Chief Commissioner is satisfied that—
(a) either—
(i) more than one incident of violence or disorder has occurred in that area in the previous 12 months that involved the use of weapons; or
(ii) an event is to be held in that area and incidents of violence or disorder involving the use of weapons have occurred at previous occasions of that event (wherever occurring); and
(b) there is a likelihood that the violence or disorder will recur.
(2) The area designated must not be larger than is reasonably necessary to enable members of the police force to effectively respond to the threat of violence or disorder.
(3) The period of operation of a declaration under this section—
(a) must be not longer than is reasonably necessary to enable members of the police force to effectively respond to the threat of violence or disorder; and
(b) must not exceed 12 hours.
(4) The Chief Commissioner must publish a notice of the declaration of an area under this section in—
(a) the Government Gazette; and
(b) in a daily newspaper circulating generally in Victoria; and
(c) if the declared area is outside the metropolitan area, in a daily newspaper circulating generally within that area, if such a newspaper exists.
(5) The notice must—
(a) describe the designated area; and
(b) include a map of the designated area; and
(c) specify the powers that members of the police force are authorised to exercise in the designated area while the declaration is in force; and
(d) specify the period of operation of the declaration.
(6) A declaration under this section takes effect on the date and time specified in the notice which must not be less than 7 days after the date of the publication of the notice in the Government Gazette.
(7) A declaration under this section ceases to have effect at the time specified in the notice.
(8) If a declaration is made under this section in respect of an area, a further declaration under this section cannot take effect in respect of that area until after the end of the period of 10 days after the previous order ceases to have effect.
(9) Nothing in subsection (8) prevents a declaration being made under section 10E in respect of that area during that period.
(10) In this section, "metropolitan area" means the area or areas specified by the Governor in Council for the purposes of this section by Order published in the Government Gazette.
(1) The Chief Commissioner may, in writing, declare an area to be a designated area if the Chief Commissioner is satisfied that—
(a) it is likely that violence or disorder involving weapons will occur in that area during the period of intended operation of the declaration; and
(b) it is necessary to designate the area for the purpose of enabling members of the police force to exercise search powers to prevent or deter the occurrence of any violence or disorder that the Chief Commissioner is satisfied is likely to occur.
(2) The declaration under this section must specify—
(a) the designated area; and
(b) the period of operation of the declaration.
(3) The area designated under this section must not be larger than is reasonably necessary to enable members of the police force to effectively respond to the threat of violence or disorder.
(4) The period of operation of a declaration under this section—
(a) must be not longer than is reasonably necessary to enable members of the police force to effectively respond to the threat of violence or disorder; and
(b) must not exceed 12 hours.
(5) A declaration under this section has effect for the period specified in the declaration.
Despite section 6A(1) of the Police Regulation Act 1958 , the Chief Commissioner may delegate a power under section 10D or 10E only to a member of the police force of or above the rank of inspector.
(1) A member of the police force may, without a warrant, stop and search a person, and search any thing in the possession of or under the control of the person for weapons, if the person and, if applicable, the thing are in a public place that is within a designated area.
(2) Schedule 1 applies to the search of a person or thing under this section.
(3) A member of the police force must conduct the least invasive search that is practicable in the circumstances.
(4) A member of the police force may detain a person for so long as is reasonably necessary to conduct a search under this section.
(1) A member of the police force may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, for weapons if—
(a) the vehicle is in a public place that is within a designated area; and
(b) there is a person in or on the vehicle.
(2) A member of the police force may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.
(1) When a member of the police force detains a person or a vehicle under section 10G or 10H to conduct a search, the member must—
(a) if requested by the person, inform the person to be searched or a person in or on the vehicle, as the case requires, of the member's name, rank and place of duty; and
(b) if requested by the person, provide the information referred to in paragraph (a) in writing; and
(c) produce his or her identification for inspection by the person, unless the member is in uniform; and
(d) inform the person that the member intends to search the person or the vehicle (as the case requires) for weapons and is empowered to do so under this Act; and
(e) give the person a search notice that complies with subsection (3).
(2) Subsection (1)(e) does not apply if the person has been offered the search notice and has refused or does not wish to accept it.
(3) A search notice must state that—
(a) the person or vehicle is in a public place that is within a designated area; and
(b) a declaration is in force under section 10D or 10E (as the case requires); and
(c) members of the police force are empowered to search the person and any thing in the possession or control of the person, or the vehicle (as the case requires) for weapons; and
(d) it is offence for the person to obstruct or hinder a member of the police force in the exercise of a power to stop and search a person or a vehicle.
(1) A member of the police force may seize and detain any item detected during a search under section 10G or 10H that the member reasonably suspects is a weapon.
(2) If a member of the police force who seizes and detains an item under this section, determines after examination of the item that it is not a weapon, the member must return the item to the person from whom it was seized, without delay.
(1) A member of the police force may request a person who is to be subject to a strip search under Schedule 1 and whose identity is unknown to the member to disclose his or her identity.
(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.
Penalty: 1 penalty unit.
(3) A person must not, without reasonable excuse, in response to any such request—
(a) give a name that is false in a material particular; or
(b) give an address other than the person's full and correct address.
Penalty: 1 penalty unit.
A person must not, without reasonable excuse—
(a) obstruct or hinder a member of the police force in the exercise of a power under section 10 , 10G, 10H or 10J to stop and search a person or vehicle or to seize and detain a thing; or
(b) fail to comply with a direction given by a member of the force under clause 7(2) of Schedule 1.
Penalty: 2 penalty units.".