Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 10

Search without warrant

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 possession in a public
        place a prohibited weapon, a controlled weapon or a dangerous article
        referred to in subsection (6) 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 warrant-

   (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 weapon or dangerous article referred to in subsection (6);
        and

   (e)  seize and detain any prohibited weapon, controlled weapon or dangerous
        article referred to in subsection (6) which the member finds on the
        person or on or in the vehicle, package or thing.

(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 or has in his or her possession a prohibited weapon, a
controlled weapon or a dangerous article referred to in subsection (6).

(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.

(4) In conducting a search of a person under subsection (1), a member of the
police 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 possession or under the control of the person,
        which the member has reasonable grounds for suspecting is a prohibited
        weapon, a controlled weapon or a dangerous article referred to in
        subsection (6); 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.

(5) A person must not, without reasonable excuse, refuse or fail to produce
any thing in accordance with a request made under subsection (4).

Penalty: 30 penalty units.

(6) This section applies to a dangerous article within the meaning of
paragraph (b) of the definition of dangerous article in section 3.