Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 488DD

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    (1)     If the officer in charge believes on reasonable grounds that a person is committing or has committed an offence against section 488DB(1), the officer in charge may order an officer to conduct a search outside but near the youth justice facility.

    (2)     If an officer believes on reasonable grounds that a person is committing or has committed an offence against section 488DB(1), the officer may conduct a search outside but near the youth justice facility.

    (3)     In conducting a search under subsection (1) or (2), an officer may—

        (a)     search and examine a person who is reasonably believed to have committed the offence including any thing belonging to, in the possession of or under the control of, the person, including the person's vehicle; or

        (b)     search the location at which the offence is reasonably believed to have been committed; or

        (c)     require a person outside but near the youth justice facility to submit to a search if the officer reasonably believes that a thing on the person or in the person's possession will afford evidence of the commission of the offence; or

        (d)     search and examine any thing outside but near the youth justice facility, including a place where detainees are, if the officer reasonably believes that the thing will afford evidence of the commission of the offence; or

        (e)     seize any thing in accordance with section 488DE.

    (4)     Before carrying out a search under subsection (1) or (2), the officer who is to conduct the search must—

        (a)     inform the person of the officer's authority to conduct the search; and

        (b)     inform the person that the person may refuse the search.

    (5)     The officer in charge may at any time make an order terminating a search under subsection (1) or (2).

    (6)     A search under subsection (1) or (2) must be conducted in accordance with the regulations.

S. 488DE inserted by No. 31/2017 s. 64.



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