Victorian Current Acts

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FIREARMS ACT 1996 - SECT 112R

Search of individual to whom firearm prohibition order applies without warrant or consent

    (1)     A police officer, without warrant or consent, may exercise any of the powers set out in subsection (2), if the exercise of the power is reasonably required to determine whether an individual has acquired, possesses or is carrying or using a firearm or firearm related item in contravention of section 112B or another provision of this Act.

    (2)     For the purposes of subsection (1), the police officer may exercise the following powers—

        (a)     search the individual, other than by strip searching the individual;

        (b)     search any item, package or thing in the possession of the individual.

    (3)     A police officer who conducts a search under this section may do the following—

        (a)     stop and detain the individual being searched for so long as is reasonably necessary to conduct the search;

        (b)     seize any firearm or firearm related item

              (i)     that is found on the individual or in any item, package or thing in the individual's possession; or

              (ii)     that the individual is carrying or using.

    (4)     Before a police officer commences a search of an individual to whom a firearm prohibition order applies under this section or any item package or thing in the possession of the individual, the police officer must inform the individual—

        (a)     of the registered number of the police officer allocated to the police officer by Victoria police; and

        (b)     that the police officer intends to search the individual and any item, package or thing in the individual's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.

    (5)     A police officer may detain an individual for so long as is reasonably necessary to conduct a search under this section.

S. 112S inserted by No. 2/2018 s. 22.



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