Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Summary Offences and Control of Weapons Acts
Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO SUMMARY OFFENCES
ACT 1966 3
3 New Division 1A inserted in Part I 3
Division 1A--Move on powers 3
6 Direction by police to move on 3
4 Persons found drunk 4
5 Persons found drunk and disorderly 4
6 New section 17A inserted 4
17A Disorderly conduct 4
7 Power to serve infringement notice 5
8 Infringement penalty 6
PART 3--AMENDMENTS TO CONTROL OF WEAPONS ACT
1990 7
9 New section 10 substituted 7
10 Search without a warrant 7
10 Duty to make records concerning searches 8
11 Chief Commissioner to report on searches without warrant 9
12 New sections 10C to 10L inserted 9
10C Definitions 9
10D Planned designation of search area 9
10E Unplanned designation of search area 11
10F Delegation by Chief Commissioner 12
10G Power to search persons in designated area 13
10H Power to search vehicles 13
10I Information to be given before search occurs 13
561442B.I-10/11/2009 i BILL LA INTRODUCTION 10/11/2009
Clause Page
10J Seizure of suspected weapons 15
10K Power to obtain disclosure of identity 15
10L Offence to obstruct or hinder search or other powers
or fail to comply with direction 16
13 New Schedule 1 inserted 16
SCHEDULE 1--Conduct of Searches 16
1 Application of Schedule 16
2 Definitions 17
3 Initial electronic device search 19
4 Examination of things 19
5 Outer search of the person 20
6 Preservation of dignity during outer search 21
7 Strip searches 22
8 Information to be provided before strip search 22
9 Rules for strip searches 23
10 Examination of clothing 25
11 Rules for searches of children 25
12 Rules for searches of persons with impaired intellectual
functioning 26
PART 4--REPEAL OF AMENDING ACT 28
14 Repeal of amending Act 28
ENDNOTES 29
-
561442B.I-10/11/2009 ii BILL LA INTRODUCTION 10/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Summary Offences and Control of
Weapons Acts Amendment Bill 2009
A Bill for an Act to amend the Summary Offences Act 1966 and the
Control of Weapons Act 1990 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Control of Weapons Act 1990
5 to provide police with enhanced powers to
search for weapons; and
(b) to amend the Summary Offences Act
1966--
(i) to increase penalties for offences
10 relating to public drunkenness; and
561442B.I-10/11/2009 1 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 1--Preliminary
s. 2
(ii) to create an offence of disorderly
behaviour in a public place; and
(iii) to permit the enforcement of those
offences by service of an infringement
5 notice; and
(iv) to give the police move-on powers in
relation to specified areas to prevent
breaches of the peace.
2 Commencement
10 This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
__________________
561442B.I-10/11/2009 2 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 2--Amendments to Summary Offences Act 1966
s. 3
PART 2--AMENDMENTS TO SUMMARY OFFENCES
ACT 1966
3 New Division 1A inserted in Part I
After Division 1 of Part I of the Summary See:
Act No.
5 Offences Act 1966 insert-- 7405.
Reprint No. 1
as at
"Division 1A--Move-on powers 1 January
2009
and
6 Direction by police to move on amending
Act Nos
(1) A member of the police force may give a 9/2008,
direction to a person or persons in a public 46/2008,
1/2009 and
10 place to leave the public place, or part of the 7/2009.
public place, if the member suspects on LawToday:
www.
reasonable grounds that-- legislation.
vic.gov.au
(a) the person is or persons are breaching,
or likely to breach, the peace; or
15 (b) the person is or persons are
endangering, or likely to endanger, the
safety of any other person; or
(c) the behaviour of the person or persons
is likely to cause injury to a person or
20 damage to property or is otherwise a
risk to public safety.
(2) A direction under this section may be given
orally.
(3) A direction under this section may direct the
25 person or persons not to return to the public
place or part of a public place or not to be in
that public place or part for a specified
period of not more than 24 hours.
(4) A person must not without reasonable excuse
30 contravene a direction given to the person
under this section.
Penalty: 5 penalty units.
561442B.I-10/11/2009 3 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 2--Amendments to Summary Offences Act 1966
s. 4
(5) This section does not apply in relation to a
person who, whether in the company of other
persons or not, is--
(a) picketing a place of employment; or
5 (b) demonstrating or protesting about a
particular issue; or
(c) speaking, bearing or otherwise
identifying with a banner, placard or
sign or otherwise behaving in a way
10 that is apparently intended to publicise
the person's view about a particular
issue.".
4 Persons found drunk
In the penalty at the foot of section 13 of the
15 Summary Offences Act 1966 for "1 penalty unit"
substitute "4 penalty units".
5 Persons found drunk and disorderly
(1) In section 14 of the Summary Offences Act
1966, after "offence" insert "and may be arrested
20 by a member of the police force and lodged in
safe custody".
(2) In the penalty at the foot of section 14 of the
Summary Offences Act 1966, for "1 penalty
unit" substitute "5 penalty units".
25 6 New section 17A inserted
After section 17 of the Summary Offences Act
1966 insert--
"17A Disorderly conduct
Any person who behaves in a disorderly
30 manner in a public place is guilty of an
offence and liable to a penalty not exceeding
5 penalty units.".
561442B.I-10/11/2009 4 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 2--Amendments to Summary Offences Act 1966
s. 7
7 Power to serve infringement notice
(1) In section 60AA(1) of the Summary Offences
Act 1966, for "section 18" substitute "section 6,
13, 14, 17A or 18".
5 (2) For the note at the foot of section 60AA(1) of the
Summary Offences Act 1966 substitute--
"Note
Section 6 deals with persons who are in a public place and
are directed to move on.
10 Section 13 deals with persons who are found drunk in a
public place.
Section 14 deals with persons who are drunk and disorderly
in a public place.
Section 17A deals with disorderly behaviour by a person in
15 a public place.
Section 18 deals with offensive behaviour by a person in a
motor vehicle in a declared area.".
(3) After section 60AA(2) of the Summary Offences
Act 1966 insert--
20 "(3) Despite subsection (1), an infringement
notice cannot be served on a person for an
alleged offence against--
(a) section 14, if an infringement notice
has been served on that person for an
25 alleged offence against section 17A
arising out of the same incident;
(b) section 17A, if an infringement notice
has been served on that person for an
alleged offence against section 14
30 arising out of the same incident.".
561442B.I-10/11/2009 5 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 2--Amendments to Summary Offences Act 1966
s. 8
8 Infringement penalty
After section 60AB(2) of the Summary Offences
Act 1966 insert--
"(3) Despite subsection (1), the infringement
5 penalty for an alleged offence against section
6, 13, 14 or 17A for which an infringement
notice may be served is 2 penalty units.".
__________________
561442B.I-10/11/2009 6 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 9
PART 3--AMENDMENTS TO CONTROL OF WEAPONS
ACT 1990
9 New section 10 substituted
For section 10 of the Control of Weapons Act See:
Act No.
5 1990 substitute-- 24/1990.
Reprint No. 4
"10 Search without a warrant as at
8 November
(1) If-- 2007
and
(a) a member of the police force has amending
Act Nos
reasonable grounds for suspecting that 55/2009 and
10 a person is carrying or has in his or her 59/2009.
LawToday:
possession in a public place a weapon www.
contrary to this Act; and legislation.
vic.gov.au
(b) the member informs the person of the
grounds for his or her suspicion; and
15 (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
20 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
25 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
30 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--
561442B.I-10/11/2009 7 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 10
(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)
5 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
10 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
15 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
20 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
25 (c) a dangerous article.".
10 Duty to make records concerning searches
In section 10A of the Control of Weapons Act
1990--
(a) in subsections (1) and (3), after "section 10"
30 insert "or 10G"; and
(b) in subsection (4), after "section 10(3)(a)"
insert "or 10I(1)(a) or clause 8(1)(a) of
Schedule 1".
561442B.I-10/11/2009 8 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 11
11 Chief Commissioner to report on searches without
warrant
After section 10B(a) of the Control of Weapons
Act 1990 insert--
5 "(ab) the number of strip searches conducted under
section 10G during that financial year; and".
12 New sections 10C to 10L inserted
After section 10B of the Control of Weapons Act
1990 insert--
10 "10C Definitions
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;
15 thing includes any object, article or material;
weapon means--
(a) a prohibited weapon; or
(b) a controlled weapon; or
(c) a dangerous article.
20 10D Planned designation of search area
(1) The Chief Commissioner may declare an
area to be a designated area if the Chief
Commissioner is satisfied that--
(a) either--
25 (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
561442B.I-10/11/2009 9 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 12
(ii) an event is to be held in that area
and incidents of violence or
disorder involving the use of
weapons have occurred at
5 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
10 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--
15 (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.
20 (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
25 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.
30 (5) The notice must--
(a) describe the designated area; and
(b) include a map of the designated area;
and
561442B.I-10/11/2009 10 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 12
(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
5 (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
10 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
15 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.
20 (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
25 Council for the purposes of this section by
Order published in the Government Gazette.
10E Unplanned designation of search area
(1) The Chief Commissioner may, in writing,
declare an area to be a designated area if the
30 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
561442B.I-10/11/2009 11 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 12
(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
5 any violence or disorder that the Chief
Commissioner is satisfied is likely to
occur.
(2) The declaration under this section must
specify--
10 (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
15 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--
20 (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.
25 (5) A declaration under this section has effect
for the period specified in the declaration.
10F Delegation by Chief Commissioner
Despite section 6A(1) of the Police
Regulation Act 1958, the Chief
30 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.
561442B.I-10/11/2009 12 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 12
10G Power to search persons in designated
area
(1) A member of the police force may, without a
warrant, stop and search a person, and search
5 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
10 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
15 person for so long as is reasonably necessary
to conduct a search under this section.
10H Power to search vehicles
(1) A member of the police force may, without a
warrant, stop and search a vehicle, and
20 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.
25 (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.
10I Information to be given before search
occurs
30 (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--
561442B.I-10/11/2009 13 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 12
(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
5 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; and
(d) inform the person that the member
intends to search the person or the
vehicle (as the case requires) for
15 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
20 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;
25 and
(b) a declaration is in force under
section 10D or 10E (as the case
requires); and
(c) members of the police force are
30 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
561442B.I-10/11/2009 14 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 12
(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.
5 10J Seizure of suspected weapons
(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.
10 (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
15 seized, without delay.
10K Power to obtain disclosure of identity
(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
20 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
25 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
30 particular; or
(b) give an address other than the person's
full and correct address.
Penalty: 1 penalty unit.
561442B.I-10/11/2009 15 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
10L Offence to obstruct or hinder search or
other powers or fail to comply with
direction
A person must not, without reasonable
5 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
10 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.".
15 13 New Schedule 1 inserted
After section 15 of the Control of Weapons Act
1990 insert--
"__________________
SCHEDULE 1
20 Sections 10 and 10G(2)
CONDUCT OF SEARCHES
1 Application of Schedule
This Schedule applies to any search of
a person or any thing in the possession
25 or under the control of a person carried
out, or authorised to be carried out, by a
member of the force under section 10
or 10G, except as otherwise provided
by this Act or the regulations.
561442B.I-10/11/2009 16 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
2 Definitions
In this Schedule--
child means a person under the age of
18 years;
5 electronic metal detection device
means an electronic device that is
capable of detecting the presence
of metallic objects;
impaired intellectual functioning
10 means--
(a) total or partial loss of a
person's mental functions; or
(b) a disorder or malfunction
that results in a person
15 learning differently from a
person without the disorder
or malfunction; or
(c) a disorder, illness or disease
that affects a person's
20 thought processes,
perceptions of reality,
emotions or judgment, or
that results in disturbed
behaviour;
25 initial electronic device search means
a search of a person or thing by
passing an electronic metal
detection device over or in close
proximity to the person's outer
30 clothing or the thing;
strip search of a person means a search
of the person or of a thing in the
possession or under the control
of the person that may include--
561442B.I-10/11/2009 17 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
(a) requiring the person to
remove all of his or her
clothes; and
(b) an examination of the
5 person's body (but not of the
person's body cavities) and
of those clothes;
thing includes any object, article or
material;
10 transgender person means a person,
whether or not the person is a
recognised transgender person--
(a) who identifies as a member
of the opposite sex, by
15 living, or seeking to live, as a
member of the opposite sex;
or
(b) who has identified as a
member of the opposite sex
20 by living as a member of the
opposite sex; or
(c) who, being of indeterminate
sex, identifies as a member
of a particular sex by living
25 as a member of that sex--
and includes a reference to the
person being thought of as a
transgender person, whether or not
the person is, or was, in fact a
30 transgender person;
weapon means--
(a) a prohibited weapon; or
(b) a controlled weapon; or
(c) a dangerous article.
561442B.I-10/11/2009 18 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
3 Initial electronic device search
A member of the police force who is
authorised to search a person or thing under
section 10G may carry out an initial
5 electronic device search of that person or
thing.
4 Examination of things
(1) If, as a result of an initial electronic device
search under clause 3, a member of the
10 police force considers that a person may be
concealing a weapon, the member may
examine any thing in the possession or under
the control of the person in accordance with
subclause (3).
15 (2) A member of the police force who is
authorised to search a thing under section 10
may examine the thing in accordance with
subclause (3).
(3) The member of the police force may--
20 (a) request the person--
(i) to produce and empty of its
contents any bag, basket or other
receptacle; or
(ii) to turn out his or her pockets; or
25 (b) search through any bag, basket or other
receptacle; or
(c) search through and move the contents
of any bag, basket or other receptacle;
or
30 (d) if the member considers it appropriate
in the circumstances, pat down the area
of the person's pockets; or
561442B.I-10/11/2009 19 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
(e) search through and move the contents
of the person's pockets turned out in
accordance with paragraph (a)(ii) or
patted down under paragraph (d).
5 5 Outer search of the person
(1) If, as a result of an initial electronic device
search under clause 3, a member of the
police force considers that a person may be
concealing a weapon, a member of the police
10 force may conduct a further search of the
person in accordance with subclauses (3)
and (4).
(2) A member of the police force who is
authorised to search a person under
15 section 10 may conduct a search of the
person in accordance with subclauses (3)
and (4).
(3) The member may run his or her hands over
the person's outer clothing.
20 (4) The member may ask the person to remove
his or her overcoat, coat or jacket or similar
article of clothing and any gloves, shoes or
hat and the member may then--
(a) pass an electronic metal detection
25 device over or in close proximity to the
person's outer clothing after the
overcoat, coat or jacket is removed; and
(b) run his or her hands over the person's
outer clothing after the overcoat, coat
30 or jacket is removed; and
(c) search the person's items of clothing
that were removed by examining the
interior and exterior of the item and by
passing an electronic metal detection
35 device over or in close proximity to the
item.
561442B.I-10/11/2009 20 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
6 Preservation of dignity during outer
search
(1) A member of the police force who searches a
person under clause 5 must, as far as is
5 reasonably practicable in the circumstances,
comply with this clause.
(2) The member must inform the person to be
searched of the following matters--
(a) whether the person will be required to
10 remove clothing during the search;
(b) if the person will be required to remove
clothing during the search, why it is
necessary to remove the clothing.
(3) The member must ask for the person's
15 cooperation.
(4) The member must conduct the search--
(a) in a way that provides reasonable
privacy for the person searched; and
(b) as quickly as is reasonably practicable.
20 (5) The member must conduct the least invasive
kind of search that is reasonably necessary in
the circumstances.
(6) A search that involves running hands over
the outer clothing of a person must, if
25 reasonably practicable, be conducted by a
member of the police force who is of the
same sex as the person being searched.
561442B.I-10/11/2009 21 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
7 Strip searches
(1) A member of the police force is authorised to
conduct a strip search of a person if--
(a) a search of the person or a thing in the
5 possession or under the control of the
person has been conducted under
clause 4 or 5; and
(b) the member reasonably suspects that
the person has a weapon concealed on
10 his or her person; and
(c) the member believes on reasonable
grounds that it is necessary to conduct a
strip search of the person for the
purposes of the search and that the
15 seriousness and urgency of the
circumstances require the strip search
to be carried out.
(2) A member of the police force may direct the
person to accompany the member to a police
20 vehicle or other private area nearby for the
purposes of the search.
8 Information to be provided before strip
search
(1) Before a member of the police force
25 commences a strip search of a person, the
member must--
(a) inform the person to be searched of the
member's name, rank and place of duty;
and
30 (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
35 member is in uniform; and
561442B.I-10/11/2009 22 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
(d) inform the person that the member
intends to search the person for
weapons and is empowered to do so
under this Act.
5 (2) A member of the police force is not required
to provide this information to a person if the
member provided the information to the
person under section 10(3) or 10I.
9 Rules for strip searches
10 (1) A member of the force who conducts a strip
search of a person must comply with this
clause.
(2) The member must inform the person to be
searched of the following matters--
15 (a) as to whether the person will be
required to remove clothing during the
search;
(b) if the person will be required to remove
clothing during the search, why it is
20 necessary to remove the clothing.
(3) The member must ask for the person's
cooperation.
(4) The member must conduct the least invasive
kind of search that is reasonably necessary in
25 the circumstances.
(5) The strip search must be conducted in a
manner that preserves the dignity and self-
respect of the person being searched.
(6) The strip search must be conducted in a
30 private area and in a way that provides
reasonable privacy for the person being
searched.
(7) The strip search must be conducted as
quickly as is reasonably practicable.
561442B.I-10/11/2009 23 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
(8) The strip search must be conducted in a
manner that avoids unnecessary force.
(9) The strip search must be conducted by a
member of the force of the same sex as the
5 person searched or by a person of the same
sex under the direction of the member.
(10) The strip search must not be conducted in the
presence or view of a person who is of the
opposite sex to the person being searched.
10 (11) The strip search must not be conducted in the
presence or view of a person whose presence
is not necessary for the purposes of the
search or the safety of the person or the
members engaged in the search.
15 (12) The member must not search the genital area
of the person searched, or in the case of a
female or a transgender person who
identifies as a female, the person's breasts
unless the member suspects on reasonable
20 grounds that it is necessary to do so for the
purposes of the search.
(13) A strip search must not involve a search of a
person's body cavities or an examination of
the body by touch.
25 (14) A strip search must not involve the removal
of more clothes than the person conducting
the search believes on reasonable grounds to
be reasonably necessary for the purposes of
the search.
30 (15) A strip search must not involve more visual
inspection than the person conducting the
search believes on reasonable grounds to be
reasonably necessary for the purposes of the
search.
35 (16) A person must be allowed to dress as soon as
a search is finished.
561442B.I-10/11/2009 24 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
10 Examination of clothing
A member of the police force may search
any item of clothing of a person removed
during a strip search by examining the
5 interior and exterior of the item and by
passing an electronic metal detection device
over or in close proximity to the item.
11 Rules for searches of children
(1) This clause applies if a member of the police
10 force reasonably believes that a person to be
searched by the member under clause 5 or 7
is a child.
(2) This clause does not apply to a search of a
child under clause 5 that is a search by
15 means of an electronic metal detection
device.
(3) A search of a child must be conducted in the
presence of--
(a) a parent or guardian of the child being
20 searched; or
(b) if the child is mature enough to express
an opinion and indicates that the
presence of the parent or guardian is
not acceptable to the child, in the
25 presence of an independent person who
is capable of representing the interests
of the child and who, as far as is
practicable in the circumstances, is
acceptable to the child.
30 (4) Subclause (3) does not apply if--
(a) a parent or guardian is not then present;
and
(b) the seriousness and urgency of the
circumstances require the search to be
35 conducted without delay; and
561442B.I-10/11/2009 25 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
(c) the search is conducted in the presence
of an independent person who is
capable of representing the interests of
the child and who, as far as is
5 practicable in the circumstances, is
acceptable to the child.
12 Rules for searches of persons with
impaired intellectual functioning
(1) This clause applies if a member of the police
10 force reasonably believes that a person to be
searched by the member under clause 5 or 7
is a person with impaired intellectual
functioning.
(2) This clause does not apply to a search under
15 clause 5 of a person with impaired
intellectual functioning if the search is by
means of an electronic metal detection
device.
(3) A search of a person who has impaired
20 intellectual functioning, must be conducted
in the presence of a parent or guardian of the
person being searched or, if that is not
acceptable to the person, in the presence of
an independent person who is capable of
25 representing the interests of the person and
who, as far as is practicable in the
circumstances, is acceptable to the person.
(4) Subclause (3) does not apply if--
(a) a parent or guardian is not then present;
30 and
(b) the seriousness and urgency of the
circumstances require the search to be
conducted without delay; and
561442B.I-10/11/2009 26 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 3--Amendments to Control of Weapons Act 1990
s. 13
(c) the search is conducted in the presence
of an independent person who is
capable of representing the interests of
the person to be searched and who, as
5 far as is practicable in the
circumstances, is acceptable to the
person.".
__________________
561442B.I-10/11/2009 27 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Part 4--Repeal of Amending Act
s. 14
PART 4--REPEAL OF AMENDING ACT
14 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561442B.I-10/11/2009 28 BILL LA INTRODUCTION 10/11/2009
Summary Offences and Control of Weapons Acts Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561442B.I-10/11/2009 29 BILL LA INTRODUCTION 10/11/2009
[Index] [Search] [Download] [Related Items] [Help]