Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 163

Entry and search of premises in order to arrest offender

    (1)     For the purpose of arresting an offender under section 162, a police officer may enter and search any premises (including any residence or vehicle) where the police officer reasonably suspects the offender to be present.

    (2)     If necessary, a police officer may use reasonable force to enter premises under subsection (1).

    (3)     In conducting a search under subsection (1), a police officer may—

        (a)     search that part of the premises that is occupied by the offender, and any thing (including any vehicle) belonging to, or in the possession of or under the control of, the offender at the premises; and

        (b)     search (by a garment search or a pat-down search or both) and examine the offender at the premises.

    (4)     To the extent practicable, a pat-down search must be conducted by a person of the same sex as the offender being searched.

    (5)     In conducting a search under subsection (1), a police officer may seize or take a sample of any thing belonging to, or in the possession of or under the control of, the offender if the police officer suspects on reasonable grounds that—

        (a)     the thing will afford evidence of the commission of any indictable offence; and

        (b)     it is necessary to seize or take a sample of that thing in order to prevent—

              (i)     its concealment, loss or destruction; or

              (ii)     its use in the commission of any indictable offence.

    (6)     In conducting a search under subsection (1), a police officer may seize any thing belonging to, or in the possession of or under the control of, the offender which the police officer reasonably suspects—

        (a)     will compromise—

              (i)     the welfare or safety of a member of the public; or

              (ii)     the offender's compliance with the supervision order or interim supervision order; or

        (b)     relates to behaviour or conduct associated with an increased risk of the offender re-offending or contravening the conditions of the supervision order or interim supervision order.

    (7)     A police officer may examine any thing or operate any electronic equipment seized under subsection (6) for the purpose of investigating—

        (a)     whether the offender has complied with a supervision order or interim supervision order; or

        (b)     whether the offender has re-offended or has contravened the conditions of a supervision order or interim supervision order.

    (8)     Section 236 applies with any necessary modifications to a police officer conducting a search or seizure under this section.

    (9)     If necessary, a police officer may use reasonable force to conduct a search or a seizure under this section.

    (10)     A search under this section may continue only for as long as required to achieve the purpose of the search.

    (11)     A police officer exercising a power of seizure under this section may direct any of the following persons accompanying the police officer to exercise those powers subject to the police officer's direction—

        (a)     a Victoria Police employee within the meaning of the Victoria Police Act 2013 ;

        (b)     any person who delivers services or advice on behalf of Victoria Police.

    (12)     The Chief Commissioner of Police must include in the register maintained under section 237 things seized by a police officer under this section.

    (13)     Sections 239, 240, 241(1), 242, 243, 244, 245, 246 and 247 apply with any necessary modifications to things seized under this section.



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