Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 159

Power of police officer to search premises for firearms etc. without warrant

S. 159(1) amended by No. 77/2013 s. 27(1), substituted by No. 53/2016 s. 61.

    (1)     This section applies if—

        (a)     a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and

        (b)     the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon.

S. 159(1A) inserted by No. 53/2016 s. 61.

    (1A)     This section applies in relation to a recognised DVO or an interstate DVO if—

        (a)     one of the following applies—

              (i)     a person is a respondent to a recognised DVO; or

              (ii)     a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or

              (iii)     a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and

        (b)     the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon.

S. 159(2) amended by No. 77/2013 s. 27(2).

    (2)     Subject to section 159A, the police officer may, without warrant, enter and search—

        (a)     any premises at which the person resides or has resided; or

        (b)     the premises at which the person committed or allegedly committed family violence; or

        (c)     a vehicle registered in the person's name.

    (3)     To enter premises or a vehicle under subsection (2), a police officer may, if it is necessary to do so, use reasonable force.

S. 159A (Heading) amended by No. 53/2016 s. 62(1).

S. 159A inserted by No. 77/2013 s. 28, amended by No. 53/2016 s. 62(2).



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