Victorian Numbered Regulations

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FIREARMS REGULATIONS 2018 (SR NO 114 OF 2018) - REG 20

Manner of conducting searches

    (1)     A police officer who conducts a search of a person under section 149 of the Act, or an authorised officer who conducts a search of a person under section 153A of the Act, must do so in one or more of the following ways—

        (a)     passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's outer clothing;

        (b)     running the officer's hands over the person's outer clothing;

        (c)     requesting the person to remove outer clothing, gloves, shoes or headgear so that the officer may—

              (i)     pass a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's clothing that was immediately under the outer clothing; or

              (ii)     run the officer's hands over the person's clothing that was immediately under the outer clothing; or

              (iii)     search the person's outer clothing, gloves, shoes or headgear in accordance with subregulation (3).

    (2)             If a police officer or authorised officer requests a person to remove outer clothing, gloves, shoes or headgear which the officer believes is being worn for religious or cultural reasons, the officer must, if reasonably practicable, permit the thing to be removed out of public view.

    (3)     A police officer who conducts a search of a vehicle, package or thing under section 149 of the Act, or an authorised officer who conducts a search of a vehicle, package or thing under section 153A of the Act, must do so in one or more of the following ways—

        (a)     examining the exterior and interior of the vehicle, package or thing;

        (b)     passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the vehicle, package or thing.

    (4)     A police officer or authorised officer must conduct a search of a person—

        (a)     in a manner that affords reasonable privacy to the person being searched; and

        (b)     as quickly as is reasonably practicable.

    (5)     A search under subregulation (1)(b) or (c)(ii) must, if reasonably practicable, be conducted by a police officer or by an authorised officer who is of the same gender as the gender identified by the person to be searched.



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