Victorian Consolidated Legislation

CONTROL OF WEAPONS ACT 1990

No. 24 of 1990
Version incorporating amendments as at  1 January 2012

TABLE OF PROVISIONS

           Section Page
   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Application and construction of Act
   5.      Prohibited weapons
   5A.     Identifying persons purchasing prohibited weapons
   5B.     Recording sales of prohibited weapons
   6.      Control of controlled weapons
   7.      Control of use of dangerous articles
   7A.     Exemption of health service workers
   7B.     Exemption of person exercising power under the Education and Training Reform Act 2006.
   8.      Claim of lawful excuse
   8A.     Control of body armour
   8B.     Exemptions for prohibited weapons and body armour
   8C.     Approvals for prohibited weapons and body armour
   8D.     Ministerial guidelines
   8E.     Offences regarding exemptions and approvals
   8EA.    Offences by body corporate
   8EB.    Offences by partners
   8F.     Chief Commissioner to report on applications for approval
   8G.     Power to require production of approval
   9.      Forfeiture or return of prohibited weapons, controlled weapons, dangerous articles or body armour
   9A.     Forfeiture of controlled weapons if infringement notice served
   10.     Search without a warrant
   10AA.   Search by protective services officer
   10A.    Duty to make records concerning searches
   10B.    Chief Commissioner to report on searches without warrant
   10C.    Definitions
   10D.    Planned designation of search area
   10E.    Unplanned designation of search area
   10F.    Delegation by Chief Commissioner
   10G.    Power to search persons in designated area
   10H.    Power to search vehicles
   10I.    Information to be given before search occurs
   10J.    Seizure of suspected weapons
   10K.    Power to obtain disclosure of identity
   10L.    Offence to obstruct or hinder search or other powers or fail to comply with direction
   11.     Warrant to search
   11A.    Indictable offence
   11B.    Power to serve infringement notice
   11C.    Infringement penalty
   12.     Regulations
   13.     Repeals and savings
   14.     Transitional provision
   15.     Transitional provision-Justice Legislation Amendment Act 2007.
   16.     Transitional provision-Control of Weapons Amendment Act 2010.
   17.     Repealed
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           SCHEDULE 1-Conduct of Searches
           1. Application of Schedule
           2. Definitions
           3. Initial electronic device search
           4. Examination of things
           5. Outer search of the person
           6. Preservation of dignity during outer search
           7. Strip searches
           8. Information to be provided before strip search
           9. Rules for strip searches
           10. Examination of clothing
           11. Rules for searches of children
           12. Rules for searches of persons with impaired intellectual functioning
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details