Victorian Current Acts

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FIREARMS ACT 1996 - SECT 173

IBAC to monitor exercise of powers etc. under Part 4A and this Part

    (1)     The IBAC may monitor any exercise of the powers of the Chief Commissioner or performance of the duties and functions of the Chief Commissioner under Part 4A or this Part, including monitoring any issue relating to—

        (a)     the administration by the Chief Commissioner of Part 4A and this Part; and

        (b)     an exercise of powers under Part 4A or this Part.

S. 173(2) inserted by No. 10/2024 s. 16.

    (2)     The IBAC may monitor any of the following—

        (a)     any exercise of the powers of a police officer under Part 4A;

        (b)     any performance of the duties and functions of a police officer under Part 4A;

        (c)     any exercise of the powers of a person assisting a police officer in the execution of a service search warrant;

        (d)     any performance of the duties and functions of a police officer or a person assisting a police officer in the execution of a service search warrant.

S. 173(3) inserted by No. 10/2024 s. 16.

    (3)     The monitoring powers conferred on the IBAC under subsections (1) and (2) regarding Divisions 6 to 9 of Part 4A include the power to monitor anything for or with respect to the following—

        (a)     any exercise of a power or performance of a duty or function by a police officer or a person assisting a police officer under a service direction determination or a service search warrant;

        (b)     any application by the Chief Commissioner for a service search warrant;

        (c)     service of a firearm prohibition order on a person in detention;

        (d)     any other matter, that the IBAC considers requires monitoring, relating to the exercise of a power or the performance of a duty or function under Part 4A or this Part by the Chief Commissioner, a police officer or a person assisting a police officer.

New s. 174 inserted by No. 2/2018 s. 30.



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