Victorian Current Acts

UNLAWFUL ASSEMBLIES AND PROCESSIONS ACT 1958 - SECT 13

In all cases where it is made to appear to any magistrate upon the oath or affirmation of any credible witness that any tumult riot or indictable offence has taken place or may be reasonably apprehended in any municipal district, and such magistrate is of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation thereof and for the protection of the inhabitants and the security of the property in the said municipal district, or where without such oath or affirmation or evidence as aforesaid any magistrate is of the opinion that the constables or officers aforesaid are not sufficient for the preservation protection or security as aforesaid or for the apprehension of any offenders, it shall be lawful for such magistrate to nominate and appoint by precept in writing signed by the magistrate so many fit and competent persons not being legally exempt from serving the office of constable as the magistrate thinks fit to act as special constables for such time and in such manner as to the magistrate seems fit and necessary for the public peace and for the protection of the inhabitants and the security of the property in such municipal district; and any magistrate may administer to every person so appointed an oath or affirmation in the words or to the effect following (that is to say):

"I [ insert name ] [ swear by Almighty God/do solemnly and sincerely affirm ] that I will well and truly serve Our Sovereign in the office of special constable for the [municipal district] of [ ] without favour or affection malice or ill-will; and that I will to the best of my power cause the peace to be kept and preserved and prevent all offences against the persons and property of His Majesty's subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law:"

S. 13
proviso amended by Nos 9549 s. 2(1)(Sch. item 235), 57/1989 s. 3(Sch. item 206.4(e)).

Provided always that whenever it is deemed necessary to nominate and appoint such special constables as aforesaid, notice of such nomination and appointment and of the circumstances which have rendered such nomination and appointment necessary shall be forthwith transmitted by the magistrate making such appointment to the Minister.

No. 3796 s. 14.

S. 14 amended by Nos 9549 s. 2(1)(Sch. item 237), 12/1989 s. 4(1)(Sch. 2 item 121.2), 57/1989 s. 3(Sch. item 206.5(a)–(e)) (as amended by No. 34/1990 s. 5(Sch. 4 item 88)), 10/2004 s. 15(Sch.  1 item 32.1), 6/2018 s. 68(Sch.  2 item 129.4).