Victorian Current Acts

CONTROL OF WEAPONS ACT 1990

TABLE OF PROVISIONS

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Application and construction of Act  
   4A.     Application of powers conferred on protective services officers under this Act  
   5.      Prohibited weapons  
   5AA.    Offence to possess, use or carry a prohibited weapon  
   5AB.    Offence to possess, use or carry an imitation firearm  
   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 an area  
   10E.    Unplanned designation of an area  
   10F.    Delegation by Chief Commissioner  
   10G.    Power to search persons in designated area  
   10GA.   Power to search persons in designated area—protective services officer  
   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  
   10KA.   Other powers that may be exercised in relation to designated area  
   10KB.   Additional reporting requirements  
   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.     Savings provision—Police and Emergency Management Legislation Amendment Act 2012  
   18.     Validation of the use etc. of oleoresin capsicum spray by protective services officers engaged in official duties on or after 17 September 1995 and before 22 September 2020  
           SCHEDULE 1
           ENDNOTES