Victorian Current Acts Victorian Current ActsS. 10E(1) substituted by No. 42/2010 ss 13(1), 22(1).
(1) The Chief Commissioner may, in writing, declare an area to be a designated area if the Chief Commissioner is satisfied that—
(a) there is a likelihood that violence or disorder involving weapons will occur in that area during the period of intended operation of the declaration; and
S. 10E(1)(b) amended by Nos 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 6.
(b) it is necessary to designate the area for the purpose of enabling police officers or protective services officers to exercise search powers to prevent or deter the occurrence of any violence or disorder that the Chief Commissioner is satisfied is likely to occur.
S. 10E(1A) inserted by No. 42/2010 s. 13(2), amended by No. 42/2010 s. 22(2).
(1A) For the avoidance of doubt, the Chief Commissioner may determine under subsection (1) that there is a likelihood that violence or disorder involving weapons will occur even if that likelihood is less than more likely than not.
(2) The declaration under this section must specify—
(a) the designated area; and
(b) the period of operation of the declaration.
S. 10E(3) amended by Nos 42/2010 ss 13(3), 22(3), 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 6.
(3) The area designated under this section must not be larger than is reasonably necessary to enable police officers or protective services officers to effectively respond to the threat of violence or disorder.
(4) The period of operation of a declaration under this section—
S. 10E(4)(a) amended by Nos 42/2010 ss 13(4), 22(4), 37/2014 s. 10(Sch. item 28.8), 45/2017 s. 6.
(a) must be not longer than is reasonably necessary to enable police officers or protective services officers to effectively respond to the threat of violence or disorder; and
(b) must not exceed 12 hours.
(5) A declaration under this section has effect for the period specified in the declaration.
S. 10E(6) inserted by No. 32/2017 s. 5(2).
(6) As soon as practicable after making a declaration under this section, the Chief Commissioner must ensure that notice of the declaration is published on a website maintained by Victoria Police.
S. 10E(7) inserted by No. 32/2017 s. 5(2).
(7) The notice must include the information referred to in section 10D(5) and include a map of the designated area.
S. 10F inserted by No. 92/2009 s. 12, amended by Nos 42/2010 s. 14, 37/2014 s. 10(Sch. item 28.9).