Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 255

Unauthorised manufacture, possession, use or supply of Victoria Police identification or Victoria Police equipment

    (1)     A person must not manufacture, possess, use or supply any Victoria Police identification or Victoria Police equipment unless—

        (a)     the person manufactures, possesses, uses or supplies the identification or equipment in accordance with the approval of the Chief Commissioner under subsection (2); or

        (b)     the person possesses or uses the identification or equipment for the purposes of, or in the course of, performing his or her duties as a member of Victoria Police personnel; or

        (c)     the person otherwise has a reasonable excuse.

Penalty:     In the case of an individual, 120 penalty units or imprisonment for 1 year or both;

In the case of a body corporate, 600 penalty units.

Note

See also section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.

    (2)     The Chief Commissioner may give written approval for a person or class of persons to manufacture, possess, use or supply Victoria Police identification or Victoria Police equipment specified in the approval.

    (3)     An approval under subsection (2)—

        (a)     may be given for a fixed period or indefinitely; and

        (b)     may be made subject to any conditions the Chief Commissioner considers appropriate; and

S. 255(3)(c) amended by No. 55/2014 s. 183.

        (c)     may be revoked at any time by written notice given by the Chief Commissioner to the person to whom the approval relates.

    (4)     In this section—

"supply "includes—

        (a)     sell, including by auction; and

        (b)     hire out; and

        (c)     exchange; and

        (d)     give away or otherwise dispose of; and

        (e)     offer to supply; and

        (f)     advertise, display or expose for supply.



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