Victorian Current Acts Victorian Current ActsS. 149(1) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)).
(1) If—
S. 149(1)(a) amended by Nos 50/2007 s. 41, 37/2014 s. 10(Sch. item 63.12(a)).
(a) a police officer has reasonable grounds for suspecting that a person is committing or is about to commit an offence against this Act and that person has a firearm, cartridge ammunition, silencer or prescribed item in his or her possession; and
S. 149(1)(b) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)).
(b) the police officer informs the person of the grounds for his or her suspicion; and
S. 149(1)(c) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)).
(c) the police officer complies with subsection (3)—
the police officer may without warrant—
(d) search the person and any vehicle, package or thing in the possession of the person; and
S. 149(1)(e) amended by No. 50/2007 s. 41.
(e) seize any firearm, cartridge ammunition, silencer or prescribed item found during the course of the search.
S. 149(2) amended by No. 50/2007 s. 41.
(2) For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person has a firearm, cartridge ammunition, silencer or prescribed item in his or her possession.
S. 149(3) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(i)(ii)).
(3) Before a police officer commences a search of a person under subsection (1), the police officer must—
S. 149(3)(a) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(iii)).
(a) inform the person of the police officer's name, rank and place of duty; and
(b) if requested by the person, provide the information referred to in paragraph (a) in writing; and
S. 149(3)(c) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(ii)).
(c) produce his or her identification for inspection by the person, unless the police officer is in uniform.
S. 149(4) amended by No. 37/2014 s. 10(Sch. item 63.12(c)(i)).
(4) In conducting a search of a person under subsection (1), a police officer—
S. 149(4)(a) amended by Nos 50/2007 s. 41, 37/2014 s. 10(Sch. item 63.12(c)(ii)).
(a) may request that the person produce any thing that the police officer has detected or seen during the search on the person or in a vehicle, package or thing in the possession or under the control of the person, which the police officer has reasonable grounds for suspecting is a firearm, cartridge ammunition, silencer or prescribed item; and
(b) if a request is made under paragraph (a), must warn the person that refusal or failure to produce any thing so requested may be an offence.
(5) A person must not, without reasonable excuse, refuse or fail to produce any thing in accordance with a request made under subsection (4).
Penalty: 30 penalty units.
S. 149A inserted by No. 9/2003 s. 9.