Victorian Current Acts

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GRAFFITI PREVENTION ACT 2007 - SECT 14

Search of persons under 18 years of age

    (1)     A person who is or appears to be under 14 years of age must not be searched under this Act.

S. 14(2) amended by Nos 43/2011 s. 26(a), 37/2014 s. 10(Sch. item 75.7(a)).

    (2)     A police officer or a protective services officer who conducts a search under this Part of a person who is or appears to be 14 years of age or more and under 18 years of age must do so in one or more of the following ways—

S. 14(2)(a) amended by Nos 43/2011 s. 26(b), 37/2014 s. 10(Sch. item 75.7(b)).

        (a)     the police officer or protective services officer may run his or her hands over the person's outer clothing;

S. 14(2)(b) amended by Nos 43/2011 s. 26(c)(i), 37/2014 s. 10(Sch. item 75.7(b)).

        (b)     the police officer or protective services officer may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the police officer or protective services officer may—

S. 14(2)(b)(i) amended by No. 43/2011 s. 26(c)(ii)(iii).

              (i)     run his or her hands over the person's clothing that was immediately under the person's outer clothing; or

              (ii)     search the person's outer clothing and gloves, shoes and headgear.



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