Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 320

Search and seizure powers of security officers

    (1)     In performing the functions of a security officer under this Act, a security officer may carry out a garment search, a pat-down search or a scanning search of an offender if the security officer suspects on reasonable grounds—

        (a)     that the search is necessary—

              (i)         for the safety of any person; or

              (ii)     to monitor the offender's compliance with a supervision order or an interim supervision order; or

        (b)     the offender of 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.

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

    (3)     A search under subsection (1) may continue only for as long as required to achieve the purpose of the search.

    (4)     If necessary, a security officer may use reasonable force to carry out a search under subsection (1).

    (5)     In carrying out a search under subsection (1), a security officer may seize any thing found in the possession or under the control of the offender if the security officer suspects on reasonable grounds that—

        (a)     the seizure is necessary for the safety of any person; or

        (b)     the thing 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.



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