Victorian Current Acts Victorian Current Acts(1) A protective services officer who has taken and subscribed the oath or made and subscribed the affirmation under section 50 has, in the performance of his or her functions, the duties and powers of a constable at common law.
Note
The functions of a protective services officer are set out in section 37.
S. 52(2) substituted by No. 37/2022 s. 14.
(2) In addition, a protective services officer has all the duties and powers imposed or conferred on the officer under this or any other Act, including—
(a) the duties and powers conferred on the officer while the officer is on duty—
(i) at a designated place; or
(ii) on or in the vicinity of police premises; and
(b) the special powers conferred on the officer by Part 3A of the Terrorism (Community Protection) Act 2003 .
(3) The regulations may prescribe a place to be a designated place for the purposes of this section.
S. 52(4) inserted by No. 29/2020 s. 6.
(4) In addition, a protective services officer on duty in an emergency has in the emergency area all the duties and powers imposed or conferred on a protective services officer under this or any other Act, including but not limited to—
(a) the duties and powers imposed or conferred on a protective services officer on duty at a designated place under this or any other Act; and
(b) any duty, function or power delegated to a protective services officer by the Chief Commissioner under this or any other Act.
S. 52(5) inserted by No. 29/2020 s. 6.
(5) In subsection (4)—
S. 52(5) def. of emergency amended by No. 53/2021 s. 35(a).
"emergency" means—
(a) a declaration of a state of disaster under section 23 of the Emergency Management Act 1986 ; or
(b) a declaration of an emergency area under section 36A of the Emergency Management Act 1986 ; or
(ba) a pandemic declaration made under section 165AB of the Public Health and Wellbeing Act 2008 ; or
(c) a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008 ;
S. 52(5) def. of emergency area amended by No. 53/2021 s. 35(b).
"emergency area" means—
(a) in the case of a declaration of a state of disaster under section 23 of the Emergency Management Act 1986 , that part or those parts of Victoria in which a state of disaster is declared to exist; or
(b) in the case of a declaration under section 36A of the Emergency Management Act 1986 , the area declared to be an emergency area; or
(ba) in the case of a pandemic declaration made under section 165AB of the Public Health and Wellbeing Act 2008 , the pandemic management area to which the declaration applies; or
(c) in the case of a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008 , the emergency area in which the state of emergency exists.