Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 16

Search of person and seizure of objects

    (1)     This section applies if a police officer gives a person a direction, or apprehends and detains a person, under this Division.

    (2)     A police officer may search the person and any vehicle, package or thing in the person's possession if the officer suspects, on reasonable grounds, that the person has in the person's possession any object that may cause injury or damage or may be used to escape.

S. 16(2A) inserted by No. 18/2010 s. 17(2).

    (2A)     If the police officer finds any object that may cause injury or damage or may be used to escape, the police officer may—

        (a)     if the object is a firearm, weapon or ammunition, issue a direction under section 158; or

        (b)     in the case of any other object, seize the object.

S. 16(2B) inserted by No. 18/2010 s. 17(2).

    (2B)     An object seized under subsection (2A)(b) must be returned to the person when the direction ends or, if the person is detained, the authorisation for detention ends, unless the object is required as evidence in further proceedings under this Act or another Act.

    (3)     To remove doubt, for the purposes of subsection (2) a suspicion that searching the person or any vehicle, package or thing in the person's possession would provide evidence that an offence has been or is being committed is not by itself sufficient grounds for conducting the search.



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