(1) As soon as practicable after detaining an individual under the age of 18 years under a service search warrant, the police officer must—
(a) reasonably attempt to contact a person with parental responsibility for the individual; and
(b) give the individual a reasonable opportunity to communicate with a person with parental responsibility for the individual; and
(c) reasonably attempt to contact the appropriate legal service; and
(d) give the individual a reasonable opportunity to communicate with an Australian legal practitioner from the appropriate legal service.
(2) For the purposes of subsection (1), the appropriate legal service is—
(a) the Victorian Aboriginal Legal Service, if either—
(i) the individual states (whether or not in response to a question asked by the police officer) that they are an Aboriginal person or a Torres Strait Islander; or
(ii) the police officer who took the individual into custody knows or is of the opinion that the individual is an Aboriginal person or a Torres Strait Islander; or
(b) Victoria Legal Aid, in any other case.
(3) If the police officer contacts a person with parental responsibility for the individual, the police officer must inform that person—
(a) that the individual has been detained under this Division; and
(b) of the requirements of this Division regarding an individual to whom a firearm prohibition order applies and who is under the age of 18 years.
(4) Nothing in subsection (1) derogates from the effect of section 464FA of the Crimes Act 1958 .
Pt 4A Div. 8 (Heading and ss 112ZU– 112ZZ) inserted by No. 10/2024 s. 14.
Division 8—General provisions relating to service of firearm prohibition orders
S. 112ZU inserted by No. 10/2024 s. 14.