CONTROL OF WEAPONS ACT 1990 - SECT 10A Duty to make records concerning searches
CONTROL OF WEAPONS ACT 1990 - SECT 10A
Duty to make records concerning searchesS. 10A(1) amended by Nos 92/2009 s. 10(a), 42/2010 s. 10(1), 43/2011 s. 11(1), 37/2014 s. 10(Sch. item 28.7(a)).
(1) A police officer who conducts a search under section 10 or a strip search under section 10G, or a protective services officer who conducts a search under section 10AA, must make a 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 completion of the search.
S. 10A(3) amended by Nos 92/2009 s. 10(a), 42/2010 s. 10(2), 43/2011 s. 11(2).
(3) A person subjected to a search under section 10 or 10AA or a strip search under section 10G 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.
S. 10A(4) amended by No. 92/2009 s. 10(b), substituted by No. 43/2011 s. 11(3).
(4) A request under subsection (3) is made to—
S. 10A(4)(a) substituted by No. 37/2014 s. 10(Sch. item 28.7(b)).
(a) in the case of a search conducted by a police officer—the police officer in charge of the place of duty that the police officer referred to in section 10(3)(a) or 10I(1)(a) or clause 8(1)(a) of Schedule 1; or
S. 10A(4)(b) amended by No. 37/2014 s. 10(Sch. item 28.7(c)).
(b) in the case of a search conducted by a protective services officer—the police officer in charge of the place of duty of the protective services officer referred to in section 10AA(4)(b).
S. 10B inserted by No. 9/2003 s. 6.