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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Control of Weapons and Firearms Acts (Search
Powers) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF THE CONTROL OF WEAPONS
ACT 1990 3
3. Definition inserted 3
4. Dangerous articles offence 3
5. New section 8G inserted 3
8G. Power to require production of approval 3
6. Substitution of section 10 4
10. Search without warrant 4
10A. Duty to make records concerning searches 6
10B. Chief Commissioner to report on searches without
warrant 7
7. Regulations 7
8. New section 14 inserted 8
14. Transitional provision 8
PART 3--AMENDMENT OF THE FIREARMS ACT 1996 9
9. Section 149 substituted 9
149. Search of persons or vehicles 9
149A. Duty to make records concerning searches 11
10. Power to require production of licence 11
11. Authorised officers 11
12. New sections 153B and 153C inserted 14
153B. Duty to make records concerning searches 14
153C. Annual reports 14
13. Delegation 15
14. Regulations 15
15. New section 209 inserted 16
209. Transitional provisions--Control of Weapons and
Firearms Acts (Search Powers) Act 2002 16
i
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Clause Page
16. Consequential amendment 16
17. Wildlife Act 1975--new section 92 inserted 17
92. Transitional provision--Control of Weapons and
Firearms Acts (Search Powers) Act 2002 17
ENDNOTES 18
ii
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
As amended by Assembly 17 October 2002
A BILL
to amend the Control of Weapons Act 1990 and the Firearms Act
1996 and for other purposes.
Control of Weapons and Firearms Acts
(Search Powers) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Control
of Weapons Act 1990 and the Firearms Act
5 1996--
(a) to amend provisions relating to the power to
search without warrant under those Acts; and
1
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 1--preliminary
s. 2
(b) to require annual reports to the Minister on
the exercise of those powers; and
(c) to make other miscellaneous amendments.
2. Commencement
5 (1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2003, it
comes into operation on that day.
__________________
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541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 2--amendment of the control of weapons act 1990
s. 3
PART 2--AMENDMENT OF THE CONTROL OF WEAPONS
ACT 1990
3. Definition inserted
See:
In section 3 of the Control of Weapons Act Act No.
5 1990, after the definition of "military officer" 24/1990.
Reprint No. 3
insert-- as at
17 December
' "non-government school" means-- 2000 and
amending
(a) a school on the register of schools kept Act No.
under section 37(1) of the Education 7/2002.
LawToday:
10 Act 1958; or www.dms.
dpc.vic.
(b) a school which has been granted gov.au
approval to open under section 42 of
the Education Act 1958; or
(c) the land or premises connected with a
15 school referred to in paragraph (a)
or (b);'.
4. Dangerous articles offence
In section 7(1) of the Control of Weapons Act
1990, after "public place" insert "or a non-
20 government school".
5. New section 8G inserted
After section 8F of the Control of Weapons Act
1990 insert--
"8G. Power to require production of approval
25 (1) A member of the police force who--
(a) has reasonable grounds for suspecting
that a person has committed an offence
against section 5 or is carrying or has in
his or her possession a prohibited
30 weapon; and
3
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Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 2--amendment of the control of weapons act 1990
s. 6
(b) produces his or her identification for
inspection by the person--
may demand that the person produce an
approval under section 8C allowing the
5 person to do the thing otherwise prohibited.
(2) A person to whom a demand is directed
under sub-section (1) must comply with the
demand.
Penalty: 30 penalty units.
10 (3) This section does not apply to a person who
is exempted under section 8B.".
6. Substitution of section 10
For section 10 of the Control of Weapons Act
1990 substitute--
15 "10. Search without 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
20 possession in a public place or a non-
government school a prohibited
weapon, a controlled weapon or a
dangerous article referred to in sub-
section (6) contrary to this Act; and
25 (b) the member informs the person of the
grounds for his or her suspicion; and
(c) the member complies with sub-
section (3)--
the member may without warrant--
30 (d) search the person and any vehicle,
package or thing in his or her
possession or under his or her control
for the prohibited weapon, controlled
4
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Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 2--amendment of the control of weapons act 1990
s. 6
weapon or dangerous article referred to
in sub-section (6); and
(e) seize and detain any prohibited weapon,
controlled weapon or dangerous article
5 referred to in sub-section (6) which the
member finds on the person or on or in
the vehicle, package or thing.
(2) For the purposes of sub-section (1)(a), the
fact that a person is present in a location with
10 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 or has in his or her
possession a prohibited weapon, a controlled
15 weapon or a dangerous article referred to in
sub-section (6).
(3) Before a member of the police force
commences a search of a person under sub-
section (1), the member must--
20 (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
25 (c) produce his or her identification for
inspection by the person, unless the
member is in uniform.
(4) In conducting a search of a person under
sub-section (1), a member of the police
30 force--
(a) may request that the person produce
any thing that the member has detected
or seen during the search on the person
or in a vehicle, package or thing in the
35 possession or under the control of the
person, which the member has
5
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Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 2--amendment of the control of weapons act 1990
s. 6
reasonable grounds for suspecting is a
prohibited weapon, a controlled
weapon or a dangerous article referred
to in sub-section (6); and
5 (b) if a request is made under
paragraph (a), must warn the person
that refusal or failure to produce any
thing so requested may be an offence.
(5) A person must not, without reasonable
10 excuse, refuse or fail to produce any thing in
accordance with a request made under sub-
section (4).
Penalty: 30 penalty units.
(6) This section applies to a dangerous article
15 within the meaning of paragraph (b) of the
definition of "dangerous article" in section 3.
10A. Duty to make records concerning searches
(1) A member of the police force who conducts
a search under section 10 must make a
20 written record of the search containing the
prescribed particulars.
(2) The record must be made immediately after
the completion of the search or, if that is not
practicable, as soon as practicable after the
25 completion of the search.
(3) A person subjected to a search under
section 10 is entitled, on request and without
charge, to a copy of the record of the search,
if the request is made not later than 1 year
30 after the date of the search.
(4) A request under sub-section (3) is made to
the officer in charge of the place of duty,
referred to in section 10(3)(a), of the member
who conducted the search.
6
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 2--amendment of the control of weapons act 1990
s. 7
10B. Chief Commissioner to report on searches
without warrant
The Chief Commissioner of Police must
provide to the Minister for inclusion in the
5 annual report of operations under Part 7 of
the Financial Management Act 1994 a
report containing--
(a) the number of searches without warrant
under section 10 conducted during that
10 financial year; and
(b) the number and type of weapons found
during the course of those searches; and
(c) any other information requested by the
Minister.".
15 7. Regulations
(1) In section 12(1) of the Control of Weapons Act
1990, after "Act" (where secondly occurring)
insert "including, but not limited to the following
matters--
20 (a) the manner in which searches are to be
conducted;
(b) particulars to be included in records of
searches.".
(2) In section 12 of the Control of Weapons Act
25 1990, after sub-section (1) insert--
"(1A) The regulations--
(a) may be of general or limited
application; and
(b) may differ according to differences in
30 time, place or circumstances.".
7
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 2--amendment of the control of weapons act 1990
s. 8
8. New section 14 inserted
After section 13 of the Control of Weapons Act
1990 insert--
"14. Transitional provision
5 Section 10 as in force immediately before the
commencement of section 6 of the Control
of Weapons and Firearms Acts (Search
Powers) Act 2002 continues to apply to
searches conducted before that
10 commencement.".
__________________
8
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 9
PART 3--AMENDMENT OF THE FIREARMS ACT 1996
9. Section 149 substituted
See:
For section 149 of the Firearms Act 1996 Act No.
substitute-- 66/1996.
Reprint No. 2
5 "149. Search of persons or vehicles as at
8 April 1999
(1) If-- and
amending
Act Nos
(a) a member of the police force has
30/1999,
reasonable grounds for suspecting that 41/2000,
44/2001 and
a person is committing or is about to
72/2001.
10 commit an offence against this Act and LawToday:
www.dms.
that person has a firearm or cartridge
dpc.vic.
ammunition in his or her possession; gov.au
and
(b) the member informs the person of the
15 grounds for his or her suspicion; and
(c) the member complies with sub-
section (3)--
the member may without warrant--
(d) search the person and any vehicle,
20 package or thing in the possession of
the person; and
(e) seize any firearm or cartridge
ammunition found during the course of
the search.
25 (2) For the purposes of sub-section (1), 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
30 the person has a firearm or cartridge
ammunition in his or her possession.
9
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 9
(3) Before a member of the police force
commences a search of a person under sub-
section (1), the member must--
(a) inform the person of the member's
5 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
10 inspection by the person, unless the
member is in uniform.
(4) In conducting a search of a person under
sub-section (1), a member of the police
force--
15 (a) may request that the person produce
any thing that the member has detected
or seen during the search on the person
or in a vehicle, package or thing in the
possession or under the control of the
20 person, which the member has
reasonable grounds for suspecting is a
firearm or cartridge ammunition; and
(b) if a request is made under
paragraph (a), must warn the person
25 that refusal or failure to produce any
thing so requested may be an offence.
(5) A person must not, without reasonable
excuse, refuse or fail to produce any thing in
accordance with a request made under sub-
30 section (4).
Penalty: 30 penalty units.
10
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 10
149A. Duty to make records concerning searches
(1) A member of the police force who conducts
a search under section 149 must make a
written record of the search containing the
5 prescribed particulars.
(2) The record must be made immediately after
the completion of the search or, if that is not
practicable, as soon as practicable after the
completion of the search.
10 (3) A person subjected to a search under
section 149 is entitled, on request and
without charge, to a copy of the record of the
search, if the request is made not later than
1 year after the date of the search.
15 (4) A request under sub-section (3) is made to
the officer in charge of the place of duty,
referred to in section 149(3)(a), of the
member who conducted the search.".
10. Power to require production of licence
20 In section 150(1)(a) of the Firearms Act 1996,
for "believing" substitute "suspecting".
11. Authorised officers
(1) In section 153A of the Firearms Act 1996, for
sub-section (1) substitute--
25 "(1) If--
(a) an authorised officer has reasonable
grounds for suspecting that a person is
committing or is about to commit an
offence against this Act and that person
30 has a firearm or cartridge ammunition
in his or her possession and--
(i) the offence is or is about to be
committed on land administered
by the Minister administering the
11
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 11
Conservation, Forests and
Lands Act 1987, or on a road
adjacent to such land; or
(ii) the authorised officer is acting
5 under his or her duties under the
Wildlife Act 1975 or the
Fisheries Act 1995; and
(b) the authorised officer informs the
person of the grounds for his or her
10 suspicion; and
(c) the authorised officer complies with
sub-section (1B)--
the authorised officer may--
(d) search the person and any vehicle,
15 package or thing in the possession of
the person; and
(e) seize any firearm or cartridge
ammunition found during the course of
the search.
20 (1A) Before an authorised officer commences a
search of a person under sub-section (1), the
authorised officer must--
(a) inform the person of the officer's name,
title, the agency employing the officer
25 and the officer's place of employment;
and
(b) if requested by the person, provide the
information referred to in paragraph (a)
in writing; and
30 (c) produce his or her identification for
inspection by the person.
12
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 11
(1B) In conducting a search of a person under
sub-section (1), an authorised officer--
(a) may request that the person produce
any thing that the authorised officer has
5 detected or seen during the search on
the person or in a vehicle, package or
thing in the possession of the person,
which the authorised officer has
reasonable grounds for suspecting is a
10 firearm or cartridge ammunition; and
(b) if a request is made under
paragraph (a), must warn the person
that refusal or failure to produce any
thing so requested may be an offence.
15 (1C) A person must not, without reasonable
excuse, refuse or fail to produce any thing in
accordance with a request made under sub-
section (1B).
Penalty: 30 penalty units.".
20 (2) In section 153A(2)(a) of the Firearms Act 1996,
for "believing" substitute "suspecting".
(3) In section 153A of the Firearms Act 1996, after
sub-section (3) insert--
"(3A) A person must not, without reasonable
25 excuse, hinder or obstruct an authorised
officer who is exercising a power under this
section.
Penalty: 30 penalty units.".
(4) In section 153A of the Firearms Act 1996, after
30 sub-section (5) insert--
"(5A) An authorised officer who institutes a
prosecution referred to in sub-section (5)
may appear in the proceeding by any other
authorised officer.".
13
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 12
12. New sections 153B and 153C inserted
After section 153A of the Firearms Act 1996
insert--
"153B. Duty to make records concerning searches
5 (1) An authorised officer within the meaning of
section 153A who conducts a search under
section 153A(1) must make a written record
of the search containing the prescribed
particulars.
10 (2) The record must be made immediately after
the completion of the search or, if that is not
practicable, as soon as practicable after the
completion of the search.
(3) A person subjected to a search under section
15 153A(1) is entitled, on request and without
charge, to a copy of the record of the search
if the request is made not later than 1 year
after the date of the search.
(4) A request under sub-section (3) is made to
20 the officer in charge of the place of
employment, referred to in section
153A(1A)(a), of the authorised officer who
conducted the search.
153C. Annual reports
25 (1) The Chief Commissioner of Police must
provide to the Minister for inclusion in the
annual report of operations under Part 7 of
the Financial Management Act 1994 a
report containing--
30 (a) the number of searches without warrant
under section 149 conducted during
that financial year; and
14
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 13
(b) the number and type of firearms and
cartridge ammunition found during the
course of those searches; and
(c) any other information requested by the
5 Minister.
(2) The Secretary of the Department of Natural
Resources and Environment must provide to
the Minister for inclusion in the annual
report of operations under Part 7 of the
10 Financial Management Act 1994 a report
containing--
(a) the number of searches under section
153A(1) conducted during that
financial year; and
15 (b) the number and type of firearms and
cartridge ammunition found during the
course of those searches; and
(c) any other information requested by the
Minister.".
20 13. Delegation
In section 176 of the Firearms Act 1996, after
"except" insert "section 153C(1) and".
14. Regulations
In section 191(1) of the Firearms Act 1996, after
25 paragraph (q) insert--
"(qa) the manner in which searches are to be
conducted;
(qb) particulars to be included in records of
searches;".
15
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 15
15. New section 209 inserted
After section 208 of the Firearms Act 1996
insert--
"209. Transitional provisions--Control of
5 Weapons and Firearms Acts (Search
Powers) Act 2002
(1) Section 149 as in force immediately before
the commencement of section 9 of the
Control of Weapons and Firearms Acts
10 (Search Powers) Act 2002 continues to
apply to searches conducted before that
commencement.
(2) Section 150 as in force immediately before
the commencement of section 10 of the
15 Control of Weapons and Firearms Acts
(Search Powers) Act 2002 continues to
apply to demands made under section 150(1)
before that commencement.
(3) Section 153A(1) as in force immediately
20 before the commencement of section 11(1)
of the Control of Weapons and Firearms
Acts (Search Powers) Act 2002 continues
to apply to searches conducted before that
commencement.
25 (4) Section 153A(2) as in force immediately
before the commencement of section 11(2)
of the Control of Weapons and Firearms
Acts (Search Powers) Act 2002 continues
to apply to demands made under section
30 153A(2) before that commencement.".
16. Consequential amendment
In section 60A(1)(a) of the Wildlife Act 1975, for
"believing" substitute "suspecting".
16
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
part 3--amendment of the firearms act 1996
s. 17
17. Wildlife Act 1975--new section 92 inserted
At the end of Part XII of the Wildlife Act 1975
insert--
"92. Transitional provision--Control of
5 Weapons and Firearms Acts (Search
Powers) Act 2002
Section 60A(1) as in force immediately
before the commencement of section 16 of
the Control of Weapons and Firearms
10 Acts (Search Powers) Act 2002 continues
to apply to demands made under section
60A(1) before that commencement.".
17
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
Control of Weapons and Firearms Acts (Search Powers) Act
2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
18
541325B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
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