Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 3A

Declaration of designated place

    (1)     This section applies to the following places or areas—

        (a)     an area that—

              (i)     adjoins a designated place within the meaning of paragraph (a) of the definition of designated place ; and

              (ii)     adjoins or is a public thoroughfare to a roadway, a sporting venue or a place of mass gathering;

        (b)     a public thoroughfare used to access or exit from the public transport network, a sporting venue or a place of mass gathering;

        (c)     an area surrounding or adjacent to a sporting venue, a venue of public entertainment or a place of mass gathering;

        (d)     any large area, including the central business district of Melbourne or any part of it.

    (2)     The Chief Commissioner or a Deputy Commissioner, by notice published in the Government Gazette, may declare a place or area referred to in subsection (1) and specified in the declaration to be a designated place for one or more of the following—

        (a)     a period not exceeding 12 months;

        (b)     specified hours on recurring dates within a period not exceeding 12 months;

        (c)     specified dates within a period not exceeding 12 months;

        (d)     specified days of the week within a period not exceeding 12 months.

    (3)     When making a declaration under subsection (2), the Chief Commissioner or a Deputy Commissioner must be satisfied that—

        (a)     the declaration is necessary or desirable for community safety or reassurance of the public at the place or area specified in the declaration and is appropriate—

              (i)     to assist police to provide a presence at the place or area specified in the declaration; or

              (ii)     to deter crime or antisocial behaviour within the place or area specified in the declaration; or

              (iii)     to provide reassurance for the safety of persons moving within, to or from the place or area specified in the declaration; and

        (b)     the exercise of powers by protective services officers at the place or area specified in the declaration will not unduly limit the human rights of any person; and

        (c)     in performing their functions and exercising their powers, protective services officers will be supervised by police officers.

    (4)     A police officer of or above the rank of Assistant Commissioner, by notice published on an Internet site maintained by Victoria Police, may declare a place or area referred to in subsection (1) and specified in the declaration to be a designated place for a period not exceeding 48 hours if the police officer is satisfied that urgent or unforeseen circumstances require the deployment of protective services officers in the specified place or area.

    (5)     Subject to subsection (6), a declaration under subsection (2) or (4) comes into operation on the day on which it is made available to the public on an Internet site maintained by Victoria Police.

    (6)     A declaration under subsection (2) that is expressed to come into operation on the revocation or expiry of a declaration under subsection (4) comes into operation on that revocation or expiry.



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