Victorian Current Acts Victorian Current Acts(1) In considering whether or not to make a service direction determination the Chief Commissioner—
(a) must be reasonably satisfied that the public interest requires that the firearm prohibition order to which the determination relates must be served on the individual to whom the order applies within 28 days after the day on which application is made for the determination; and
(b) must be reasonably satisfied—
(i) that—
(A) a police officer has reasonably attempted to serve the firearm prohibition order on the individual; and
(B) before the police officer attempted service, the police officer had a reasonable basis to believe that the individual was present at the place and time that service was attempted; and
(C) that the individual is avoiding service; or
(ii) that—
(A) a police officer has made reasonable enquiries to ascertain the residential address of the individual; and
(B) Victoria Police does not have a record of a current residential address for the individual and does not otherwise have information about the whereabouts of the individual; and
(c) must be reasonably satisfied that, if the individual is under the age of 18 years, the circumstances are exceptional.
(2) The Chief Commissioner must be reasonably satisfied of the matters set out in subsection (1)(b)(i) or (ii) and, where the case so requires, subsection (1)(c), on evidence of those matters being set out in an affidavit sworn or affirmed by a police officer, including—
(a) if the police officer believed the individual was present at premises, evidence on which the belief was based; or
(b) if, in the affidavit, it is claimed that it was not possible to ascertain the residential address of the individual, evidence of the enquiries made by the police officer to ascertain the address.
S. 112X inserted by No. 10/2024 s. 14.