Victorian Current Acts Victorian Current ActsS. 60H(1) amended by No. 37/2014 s. 10(Sch. item 47.10(a)).
(1) Subject to subsection (2), before a police officer commences a search of a person under section 60E or 60F, the police officer must—
S. 60H(1)(a) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)).
(a) inform the person that, although it is not an offence to possess a volatile substance or an item used to inhale a volatile substance or to inhale a volatile substance, in certain circumstances and using reasonable force, the police officer may—
(i) search a person for a volatile substance; and
(ii) seize a volatile substance or item used to inhale a volatile substance that is in a person's possession or under a person's control; and
S. 60H(1)(b) amended by No. 37/2014 s. 10(Sch. item 47.10(a)(ii)).
(b) request the person to produce to the police officer any volatile substance or item used to inhale a volatile substance that is in the person's possession or under the person's control.
S. 60H(2) amended by No. 37/2014 s. 10(Sch. item 47.10(b)).
(2) A police officer is not required to comply with subsection (1) if the police officer believes on reasonable grounds that—
(a) the person is unable to understand the information and request because of the effects of inhaling a volatile substance; or
(b) it is otherwise impracticable to do so.
S. 60I inserted by No. 55/2003 s. 4.