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SUMMARY OFFENCES AND CONTROL OF WEAPONS ACTS AMENDMENT ACT 2009 (NO. 92 OF 2009) - SECT 9

New section 10 substituted

See:
Act No.
24/1990.
Reprint No. 4
as at
8 November 2007
and amending
Act Nos
55/2009 and 59/2009.
LawToday:
www.
legislation.
vic.gov.au

For section 10 of the Control of Weapons Act 1990 substitute

    "     10     Search without a warrant

    (1)     If—

        (a)     a member of the police force has reasonable grounds for suspecting that a person is carrying or has in his or her possession in a public place a weapon contrary to this Act; and

        (b)     the member informs the person of the grounds for his or her suspicion; and

        (c)     the member complies with subsection (3)—

the member may, without a warrant—

        (d)     search the person and any vehicle or thing in his or her possession or under his or her control for the weapon; and

        (e)     seize and detain any item detected during the search that the member reasonably suspects is a weapon.

    (2)     For the purposes of subsection (1)(a), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.

    (3)     Before a member of the police force commences a search of a person under subsection (1), the member must—

        (a)     inform the person 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 or thing (as the case requires) for weapons and is empowered to do so under this Act.

    (4)     Schedule 1 applies to the search of a person or thing under this section.

    (5)     A member of the police force must conduct the least invasive search that is practicable in the circumstances.

    (6)     A member of the police force may detain a person for so long as is reasonably necessary to conduct a search under this section.

    (7)     In this section, "weapon" means—

        (a)     a prohibited weapon; or

        (b)     a controlled weapon; or

        (c)     a dangerous article.".



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