Victorian Current Acts Victorian Current ActsS. 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).