Victorian Current Acts

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FIREARMS ACT 1996 - SECT 112S

Search of an accompanying person without warrant or consent

    (1)     A police officer, without warrant or consent, may exercise any of the powers set out in subsection (2) with respect to a person who is in the company of an individual to whom a firearm prohibition order applies, if the police officer reasonably suspects that the person—

        (a)     is committing or is about to commit an offence against this Act; and

        (b)     has a firearm or firearm related item in the person's possession.

    (2)     For the purposes of subsection (1), the police officer may exercise the following powers—

        (a)     search the person, other than by strip searching the person;

        (b)     search any item, package or thing in the possession of the person.

    (3)     A police officer who conducts a search under this section may do the following—

        (a)     stop and detain the person being searched for so long as is reasonably necessary to conduct the search;

        (b)     seize any firearm or firearm related item

              (i)     that is found on the person or in any item, package or thing in the person's possession; or

              (ii)     that the person is carrying or using.

    (4)     Before a police officer commences a search of a person under this section, or any item, package or thing in the possession of the person, the police officer must inform the person—

        (a)     of the registered number of the police officer allocated to the police officer by Victoria police; and

        (b)     that the police officer intends to search the person and any item, package or thing in the person's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.

    (5)     A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

S. 112T inserted by No. 2/2018 s. 22.



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