Victorian Current Acts Victorian Current ActsS. 153A(1) amended by No. 22/1998 s. 43(Sch. item 14(a)(b)) , substituted by No. 9/2003 s. 11(1).
(1) If—
S. 153A(1)(a) amended by No. 50/2007 s. 44.
(a) an authorised officer has reasonable grounds for suspecting that a person is committing or is about to commit an offence against this Act and that person has a firearm, cartridge ammunition, silencer or prescribed item in his or her possession and—
(i) the offence is or is about to be committed on land administered by the Minister administering the Conservation, Forests and Lands Act 1987 , or on a road adjacent to such land; or
(ii) the authorised officer is acting under his or her duties under the Wildlife Act 1975 or the Fisheries Act 1995 ; and
(b) the authorised officer informs the person of the grounds for his or her suspicion; and
S. 153A(1)(c) amended by No. 107/2003 s. 8.
(c) the authorised officer complies with subsection (1A)—
the authorised officer may—
(d) search the person and any vehicle, package or thing in the possession of the person; and
S. 153A(1)(e) amended by No. 50/2007 s. 44.
(e) seize any firearm, cartridge ammunition, silencer or prescribed item found during the course of the search.
S. 153A(1A) inserted by No. 9/2003 s. 11(1).
(1A) Before an authorised officer commences a search of a person under subsection (1), the authorised officer must—
(a) inform the person of the officer's name, title, the agency employing the officer and the officer's place of employment; and
(b) if requested by the person, provide the information referred to in paragraph (a) in writing; and
(c) produce his or her identification for inspection by the person.
S. 153A(1B) inserted by No. 9/2003 s. 11(1).
(1B) In conducting a search of a person under
subsection (1), an authorised officer—
S. 153A(1B)(a) amended by No. 50/2007 s. 44.
(a) may request that the person produce any thing that the authorised officer has detected or seen during the search on the person or in a vehicle, package or thing in the possession of the person, which the authorised officer has reasonable grounds for suspecting is a firearm, cartridge ammunition, silencer or prescribed item; and
(b) if a request is made under paragraph (a), must warn the person that refusal or failure to produce any thing so requested may be an offence.
S. 153A(1C) inserted by No. 9/2003 s. 11(1).
(1C) A person must not, without reasonable excuse, refuse or fail to produce any thing in accordance with a request made under subsection (1B).
Penalty: 30 penalty units.
(2) If—
S. 153A(2)(a) amended by No. 9/2003 s. 11(2).
(a) an authorised officer has reasonable grounds for suspecting that a person is committing or is about to commit an offence against this Act or that a person is in possession of a firearm; and
(b) the authorised officer produces his or her identification for inspection by the person—
and if—
(c) that offence is or is about to be committed on land administered by the Minister administering the Conservation, Forests and Lands Act 1987 , or on a road adjacent to such lands; or
S. 153A(2)(d) amended by No. 22/1998 s. 43(Sch. item 14(c)).
(d) that authorised officer is
acting under his or her duties under the Wildlife Act 1975 or the
Fisheries Act 1995 —
the authorised officer may demand that the person produce his or her licence or permit under this Act.
(3) A person to whom a demand is directed under subsection (2) must comply with that demand.
Penalty: 30 penalty units.
S. 153A(3A) inserted by No. 9/2003 s. 11(3).
(3A) A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising a power under this section.
Penalty: 30 penalty units.
S. 153A(4) amended by No. 22/1998 s. 43(Sch. item 14(a)).
(4) An authorised officer is exempt from the requirement to hold a licence under this Act when possessing or carrying a firearm or cartridge ammunition seized under this section.
(5) An authorised officer may institute a prosecution against any person for a breach of this section.
S. 153A(5A) inserted by No. 9/2003 s. 11(4).
(5A) An authorised officer who institutes a prosecution referred to in subsection (5) may appear in the proceeding by any other authorised officer.
S. 153A(6) substituted by Nos 68/2016 s. 163(2), 40/2019 s. 101(2).
(6) In this section "authorised officer" means a person appointed as an authorised officer under—
(a) Part 9 of the Conservation, Forests and Lands Act 1987 ; or
(b) Part 3 of the Victorian Fisheries Authority Act 2016 ; or
(c) Part 3 of the Game Management Authority Act 2014 .
S. 153B inserted by No. 9/2003 s. 12.